2022/0269(COD) | [ParlTrack]

Proposal for a regulation
Recital 12 a (new)

(12 a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.

Amendment 102 #

Proposal for a regulation
Recital 12 a (new)

(12 a) Takes note of the enhanced conditionality provided for in the proposal for a new EU regulation on generalised trade preferences and the inclusion of forced labour under Article 19(1)(b), and stresses that negative conditionality must be effectively applied in the future on this point1 d. _________________ 1 d "Finally, the Commission also broadened one of the withdrawal criteria enshrined in Article 19. Whereas under the current regulation ‘export of goods made by prison labour’ is listed as a reason which can trigger the withdrawal procedure, the proposed Regulation broadened this to ‘export of goods made by internationally prohibited child labour and forced labour, including slavery and prison labour’ (Article 19(1)b). Child labour and forced labour were already covered in the withdrawal procedure by several ILO conventions listed in Annex VIII. 28 However, these core human and labour rights UN/ILO conventions can serve only as a legal basis for the withdrawal procedure under Article 19.1(a) in the event of serious and systematic violation by a beneficiary country. The additional withdrawal criterion mentioned in Article 19.1(b) refers to ‘export of goods’ by the beneficiary country made by internationally prohibited child labour and forced labour, including slavery and prison labour. "The Commission proposal on reforming the Generalised Scheme of Tariff Preferences: analysis of human rights incentives and conditionalities, Guillaume VAN DER LOO, European Parliament coordinator: Policy Department for External Relations Directorate General for External Policies of the Union - January 2022.

Amendment 103 #

Proposal for a regulation
Recital 13 a (new)

(13 a) One of the reasons why forced labour products are available on the EU market is due to the lack of implementation of the relevant clauses and provisions of trade agreements or generalised systems of trade preferences. It is particularly concerning that '[t]he EU continues to pursue trade relations with countries assessed to have demonstrably poor records in relation to modern slavery practices, and which evidence little effort to improve in this area'1 d. _________________ 1 d External policy tools to address modern slavery and forced labour, Katarina SCHWARZ, Ergul CELIKSOY, Joanna SMĘTEK, Ewelina WOLOSIK, Katarzyna LUBIANIEC, Agnieszka MAKULEC, Todd LANDMAN, European Union, 2022 https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/653664/EXPO_STU(2 022)653664_EN.pdf

Amendment 104 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 14

(14) To complete the Union legislative and policy framework on forced labour, the placing and making available on the Union market products made with forced labour or exporting domestically produced or imported products made with forced labour should be prohibited and it should be ensured that those products are withdrawn from the Union market, and the enjoyment of the EU's generalised systems of trade preferences should be made genuinely conditional on the implementation of and compliance with minimum labour law and forced labour standards.

Amendment 105 #

Proposal for a regulation
Recital 14 a (new)

(14 a) In addition, import control mechanisms are essential to capture contexts where human rights due diligence to credibly identify, prevent, mitigate, and remediate forced labour at the affected supplier are impossible. This is particularly relevant in cases of state- imposed forced labour affecting all supply chains in an entire country or region, which thereby require the establishment of region-wide bans.

Amendment 106 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, transport or storage, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 107 #

Proposal for a regulation
Recital 18

Amendment 108 #

Proposal for a regulation
Recital 18

(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and ~~economic~~ resources of economic operators. ~~In addition, t~~The Commission should issue guidelines on forced-labour risk indicators ~~and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition~~, taking into account the ILO forced labour indicators, including its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. Specifically, the Commission should develop simplified additional support tools and specialised guidelines and measures that will allow the SMEs to demonstrate their commitment in sustainability and in eradicating forced labour in accordance with ILO’s Conventions.

Amendment 109 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 18 a (new)

(18 a) The Commission should, also, issue guidelines for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism, as well as meaningfully engage in the procedures set out in the Regulation. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities.

Amendment 110 #

Proposal for a regulation
Recital 18 a (new)

(18 a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, the Regulation must ensure the provision of effective remedy to affected rightholders.

Amendment 111 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 18 b (new)

(18 b) In particular, remediation processes and remedial action should be based on, and be aligned with, international standards of best practice, including through consultation with trade unions. Remedy may, for example, include apologies, restitution, rehabilitation and financial or non- financial compensation.

Amendment 112 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 18 c (new)

(18 c) In particular, the responsibility of importers to provide adequate remedy should also include an examination of their contribution through their bad purchasing practices, including predatory pricing, which may be pushing producing companies to resort to forced labour.

Amendment 113 #

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure, to the extent that it is possible and financially feasible, that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, including forced labour, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 114 #

Proposal for a regulation
Recital 19 a (new)

(19 a) The fight against forced labour also relies on cooperation in the area of international criminal law with third countries and, in this respect, the EU should make the conclusion of trade agreements or the granting of trade preferences conditional on the existence of adequate legislation and inspection capacities in the countries concerned which are capable of effectively combating forced labour. The existence of such capacities should be confirmed, for instance, when ex-ante studies are carried out.

Amendment 115 #

Proposal for a regulation
Recital 20

Amendment 116 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, particularly in the case of VSEs/SMEs, for whom the administrative burden must be lightened and the information requirements made proportionate.

Amendment 117 #

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate, pre~~vent~~mediate and bring to an end the risk of forced labour.

Amendment 118 #

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, taking into account the size and resources of economic operators.

Amendment 119 #

Proposal for a regulation
Recital 21

(21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a ~~substantiated concer~~reasonable suspicion of a violation of the prohibition.

Amendment 120 #

Proposal for a regulation
Recital 21

Amendment 121 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 22

(22) ~~Before initiat~~During an investigation, competent authorities ~~should~~may request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate and or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 122 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. However, implementing due diligence procedures should never act as (i) a safe haven against investigations, (ii) as proof no forced labour was used and (iii) as sole condition for the lifting of restrictions.

Amendment 123 #

Proposal for a regulation
Recital 22 a (new)

(22 a) During the investigation, the Commission and competent authorities shall engage with stakeholders with the genuine intention to understand how relevant stakeholder interests are affected by its activities, prior to taking decisions that may impact them and take into consideration their interests. It involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them. It should ensure follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.

Amendment 124 #

Proposal for a regulation
Recital 22 a (new)

(22 a) Any voluntary schemes subscribed to by the economic actors concerned shall be duly included among the measures referred to.

Amendment 125 #

Proposal for a regulation
Recital 23

(23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Amendment 126 #

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, the Commission and competent authorities should ~~focus on~~investigate the economic operators involved in ~~the steps of the value chain where there is a higher risk of forced labour~~all steps with respect to the products under investigation, also taking into account their ~~size and economic resources~~policies and practices (in relation to purchasing practices in particular), the quantity of products concerned and the scale of the suspected forced labour.

Amendment 127 #

Proposal for a regulation
Recital 24

Amendment 128 #

(25) Competent authorities, when requesting information during the investigation, should ~~prioritise~~identify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of all the economic operators under investigation that are involved in the steps of the value chain ~~as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators~~, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 129 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 130 #

Proposal for a regulation
Recital 26

(26) ~~Competent authoritie~~Economic operators should bear the burden of ~~establish~~proving that forced labour has not been used at any stage of production, manufacture, harvest or extraction of a product, transport and storage including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. ~~To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.~~

Amendment 131 #

Proposal for a regulation
Recital 27

(27) CThe Commission and competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste managementlevant products should be seized. The cost of their storage should be borne by the economic operator and the products disposed of in accordance with national law consistent with Union law, including destined to social re-use or sold and the proceeds shall be directed to the victims.

Amendment 132 #

Proposal for a regulation
Recital 28

(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from the competent authorities shall be made publicly available.

Amendment 133 #

Proposal for a regulation
Recital 29

(29) In ~~setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned.~~ framing its decision to sanction economic operators the authorities should take into account the imbalances of power in and around global supply chains and the individual responsibilities of all economic operators in the supply chain, including buyers and importers, in relation in particular to unfair purchasing practices. The proposal should clarify that any penalties to economic operators are non-transferable.

Amendment 134 #

Proposal for a regulation
Recital 29

(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and ~~economic~~ resources of the economic operators concerned.

Amendment 135 #

Proposal for a regulation
Recital 29

(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned. In particular, VSEs/SMEs should be subject to proportionate obligations and benefit from a reduction in their administrative burden.

Amendment 136 #

Proposal for a regulation
Recital 30

Amendment 137 #

Proposal for a regulation
Recital 31

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new relevant information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour.

Amendment 138 #

Proposal for a regulation
Recital 32

(32) ~~Any person, whether it~~ The Commission should establish a ~~natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it~~centralised notification and non-judicial grievance mechanism to receive information and non-judicial complaints by any affected stakeholders who considers that products made with forced labour are placed and made available on the Union market and to be informed of the reasoning and outcome of the assessment of their submission, when possible, together with the decision. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, this mechanism should align with the one which will be provided in the said Directive. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as, children, women, migrants and other minorities.

Amendment 139 #

Proposal for a regulation
Recital 32

Amendment 140 #

Proposal for a regulation
Recital 32

Amendment 141 #

Proposal for a regulation
Recital 32 a (new)

(32 a) Member States shall establish mechanisms for handling complaints in accordance with their national legislation, while ensuring the necessary anonymity for complainants.

Amendment 142 #

Proposal for a regulation
Recital 32 a (new)

(32 a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, must focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.

Amendment 143 #

Proposal for a regulation
Recital 32 a (new)

(32 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender-disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. _________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

Amendment 144 #

Proposal for a regulation
Recital 32 a (new)

(32 a) Forced labour has an important gender dimension. Women are more likely to be coerced through wage non-payment and abuse of vulnerability, and forced commercial sexual exploitation constitutes a gendered crime worldwide. Therefore, a gender-responsive approach should be implemented by competent authorities, including gender sensitive assessments and disaggregated data.

Amendment 145 #

Proposal for a regulation
Recital 32 b (new)

(32 b) Child labour is one of the forms of forced labour that must be vigorously combated, in particular by promoting the implementation of the International Labour Organisation Convention 182 on the Worst Forms of Child Labour among partner countries1 a. _________________ 1a https://www.ilo.org/dyn/normlex/en/f?p=1 000:12100:0::NO::P12100_INSTRUME NT_ID,P12100_LANG_CODE:312327,en :NO

Amendment 146 #

Proposal for a regulation
Recital 32 b (new)

(32 b) In 2021, the number of children in child labour has risen to 160 million worldwide.1aAlso, according to the ILO 2021 Global Estimates, more than 3.3 million of children are in forced labour, which represents almost 12% of all those in forced labour.2aTaking into account that forced child labour is one of the components of child labour 3a, the Union, through this Regulation and in its relations with the wider world, should uphold and promote its values, which are in accordance with the international instruments ratified, the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, and enshrined in its core treaties, namely, TEU, TFEU and the EU Charter of Fundamental Rights of the European Union, all of which protect the rights of the child. The 2021-2024 EU Strategy on Child Rights, the Council-led European Child Guarantee initiative and the UN Sustainable Development Goal 8.7 of eradicating child labour by 2025 and forced labour by 2030 are also proof of commitment. Children, like women, are disproportionately affected by forced labour. Therefore, it is fundamental for competent authorities to ensure particular attention to the specific cases and needs of the children, like for women, in forced labour, throughout all the steps of this Regulation. Moreover, any guidelines formed by the Commission regarding the centralised notification and non-judicial grievance mechanism must be able to reach children as well. _________________ 1a Child labour rises to 160 million – first increase in two decades (International Labour Organization (ILO)) https://www.ilo.org/global/about-the- ilo/newsroom/news/WCMS_800090/lang-- en/index.htm 2a Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), Geneva, 2022) https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf 3a Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM), Geneva, 2022) https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf

Amendment 147 #

Proposal for a regulation
Recital 32 b (new)

(32 b) As stated in Article 8 of the ILO Worst Forms of Child Labour Convention (N. 182), States parties shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.

Amendment 148 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines such as the UN Guiding Principles on Business and Human Rights and the OECD guidelines for Multinational Enterprises. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 149 #

Proposal for a regulation
Recital 34

(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and transport and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 150 #

Proposal for a regulation
Recital 36

(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision or still under investigation. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.

Amendment 151 #

Proposal for a regulation
Recital 37

Amendment 152 #

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products ~~with~~from the same ~~identification from the same supply chai~~production site, company, group of company or region for which forced labour has been found.

Amendment 153 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and~~, where appropriate,~~ stakeholders, including experts from customs authorities, civil society organisations, trade unions, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby contributing to coherence in the implementation and helping to strengthen the enforcement of the prohibition. The network should include an area for external cooperation, including relevant consultation and cooperation with third countries' competent authorities, international organisations, trade union, civil society organisations and human rights defenders operating outside the EU.

Amendment 154 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

Amendment 155 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at EU level, as well as a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

Amendment 156 #

Proposal for a regulation
Recital 44

Amendment 157 #

Proposal for a regulation
Recital 44

Amendment 158 #

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global ~~value~~supply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries ~~and international organisations~~, especially authorities of developing countries, and international organisations, especially women and children organisations, to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, especially with developing countries, or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 159 #

Amendment 160 #

Proposal for a regulation
Recital 45

Amendment 161 #

Proposal for a regulation
Recital 45

Amendment 162 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules: A) prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and B) for remedial obligations for importers on economic operators for instances where forced labour is found.

Amendment 163 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 164 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products which have reached the eind~~-us~~ividual consumers in the Union market.

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

Amendment 166 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;

Amendment 167 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the ~~effort~~obligations by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory ~~requiremen~~due diligence requirements, in line with the UN Guiding Principles on Business and Human rights, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate or bring to an end the use of forced labour in their operation and value chain with respect to products that are to be made available on the Union market or to be exported;

Amendment 169 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, mandatory and voluntary guidelines, ~~recommendations~~ or practices to identify, prevent, mitigate orand bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;

Amendment 170 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(c a) ‘bring to an end the use of forced labour’ means effective measures to address root causes of forced labour affecting specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;

Amendment 171 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(c a) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour that supplies the economic operator that places or makes the product available in the EU market. It shall not mean disengagement as first resort;

Amendment 172 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(c a) bringing to an end (the use of) forced labour shall not mean disengagement as first resort;

Amendment 173 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(c b) ‘root causes of forced labour’, for the purposes of the regulation, means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below cost of production, lack of living incomes and living wages and more generally any unfair purchasing practices;

Amendment 174 #

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(c b) 'root causes of forced labour' means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;

Amendment 175 #

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(c b) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;

Amendment 176 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘making available on the market’ means any import or supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;

Amendment 177 #

(f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced or manufactured, transported or stored, including working or processing related to a product at any stage of its supply chain;

Amendment 178 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, transported or stored, including working or processing related to a product at any stage of its supply chain;

Amendment 179 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, storage or transport including working or processing related to a product at any stage of its supply chain;

Amendment 180 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces or manufactures, transports or stores a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 181 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, storages or transports a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 182 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) 'stakeholders' means (i) (vulnerable) workers who might be impacted by the product ban; ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers (self) organisations and NGOs, other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and iii) organisations whose statutory purpose is the defence of human rights;

Amendment 183 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) ‘vulnerable stakeholders’ means individuals and right-holder groups that find themselves in situations of vulnerability and marginality to forced labour, trafficking in persons, and other human rights abuses related due to specific contexts or intersecting factors, including gender, age, race, indigenous identity, migration status, disability, or socio-economic status, among others, which are the causes of differentiated and disproportionate adverse impacts, and create discrimination and an additional barriers to participation and access to justice and remediation;

Amendment 184 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;

Amendment 185 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(m a) ‘affected stakeholders’ has the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council;

Amendment 186 #

Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)

(m b) 'meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;

Amendment 187 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ~~‘substantiated concer~~'reasonable suspicion’ means a well-founded reason,able, yet not conclusive, level of assurance based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;

Amendment 188 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that ~~products were likely made with forced labour~~forced labour is likely to have been used in the production or transport of products;

Amendment 189 #

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘products entering the Union market’ means products from third countries, especially from developing countries, intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;

Amendment 190 #

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘products entering the Union market’ means products from third countries and EU Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;

Amendment 191 #

Proposal for a regulation
Article 2 – paragraph 1 – point s a (new)

(s a) 'SMEs’ means micro, small and medium-sized enterprises as defined in Directive 2013/34/EU;

Amendment 192 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(u a) 'forced labour risk areas' means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;

Amendment 193 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 3 – paragraph 1

1. Economic operators shall not import, place or make available on the Union market products that are made, transported or stored with forced labour, nor shall they export such products. 2.The Commission or competent authorities may determine a violation in relation to products made with forced labour in either of the following cases: (a) a particular production site, or a group of production sites; (b) a particular operator or company, or group of operators or companies; (c) a particular transport vessel or fleet;or (d) a particular product group from a specific region or country. 3.The placement of a product on the Union market may, in accordance with the investigations and decision-making process set out in this Regulation, be excluded from free circulation in the EU, and products that have already entered may be recalled, provided they have not yet reached end-consumers. 4. Products produced in the EU and exported, and those imported into the EU are covered.

Amendment 194 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Prohibition of products made with state- imposed forced labour Economic operators shall not place or make available on the Union market products that are made with state-imposed forced labour, nor shall they export such products. In case of systematic state-imposed forced labour, and where appropriate, the establishment of region-wide bans over specific groups of products, and, where relevant, shall be enacted, in alignment with the EU global human rights sanctions regime.

Amendment 195 #

Proposal for a regulation
Article 4

~~[...]~~deleted

Amendment 196 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) submissions ~~made by natural or legal persons or any association not having legal personality~~and non-judicial complaints made by affected stakeholders pursuant to Article 10;

Amendment 197 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 198 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 199 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 200 #

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall duly take into account where the economic operator demonstrates that it ~~carries out due diligence on the basis of identified forced labour impact in its supply chain,~~ adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour in a short period of time.

Amendment 201 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Evidence of forced labour 1. For the purposes of this Regulation, the existence of forced labour will be determined with reference to the indicators for forced labour set out by the ILO, which will be detailed by the European Commission in guidelines documents. 2. The indicators for forced labour will be determined by: (a) involuntariness, namely work for which a person has not offered themself voluntarily; and (b) penalty, or menace of a penalty, namely where the work is performed under the menace of a penalty to the worker, imposed by an employer or third party. 3. Evidence is to be assessed with reference to the ILO ‘Hard to See, Harder to Count’ guidance. 4. Where there is evidence of one indicator present under each of subparagraphs 2(a) and (b), there will be evidence of forced labour for the purposes of this Regulation.

Amendment 202 #

Proposal for a regulation
Article 5 – paragraph 1

1. CThe Commission and competent authorities tsha~~t, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of~~ll initiate investigations following individual complaints as well as ex officio, following a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including but not limited to: (a) the risk indicators and other information pursuant to Article 23, ~~shall decide to initiate an investigation on the products and economic operators concerned~~points (b) and (c); (b) the database referred to in Article 11; (c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Amendment 203 #

Proposal for a regulation
Article 5 – paragraph 1

Amendment 204 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1 a. Where possible, on-the-ground assessment to understand underlying socio-economic and cultural reasons for forced labour. Where appropriate, assessment should be made in collaboration with existing collaborative multistakeholder initiatives to identify and respond to risks of adverse impacts associated with particular products, regions, sectors or industries.

Amendment 205 #

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall only inform the economic operators subject to the investigation, in case it has reason to believe that the economic operator is in possession of additional information which is material to the investigation. It should do so within 3 working days from the date of the decision to initiate such investigation, about the following:

Amendment 206 #

Proposal for a regulation
Article 5 – paragraph 2 – point d

(d) the possibility for the economic operators to submit any other document or information to the Commission or competent authority, and the date by which such information has to be submitted.

Amendment 207 #

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)

(d a) where the economic operator is informed about the investigation, the Commission and competent authorities shall order the suspension of the circulation of products under investigation.

Amendment 208 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Where requested to do so by the Commission and competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:

Amendment 209 #

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) ~~prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk~~identify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the most leverage (in terms of economic turnover) to prevent, mitigate, remediate and bring to an end (the use of) forced labour ~~occurs and~~in their operations and value chains;

Amendment 210 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

~~(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.~~deleted

Amendment 211 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 212 #

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit, the extension shall not amount to more than 5 working days. In the case of products presumed made with forced labour in accordance with Article 11, the competent authority shall inform the economic operator and provide a time limit for the economic operator to demonstrate that the products concerned are free of forced labour.

Amendment 213 #

Proposal for a regulation
Article 5 – paragraph 5

5. ~~When deciding on the tim~~Once the competent authority initiates an investigation it shall assess the possible lim~~its referred to in this Article, competent authorities shall consider~~ pacts of any decision to be adopted pursuant Article 6(4) on the affected workers. That assessment shall be carried out with the meaningful engagement of affected workers and third parties legitimately representing their interests, such as trade unions and civil society organisations but also withe s~~ize and economic resources of the economic operators concerned~~pecialised local and international NGOs, local authorities, community members, community-level monitoring programmes, governments’ officials and labour inspectorates, most notably the actors that the workers perceive as their legitimate representatives.

Amendment 214 #

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and ~~economic~~ resources of the economic operators concerned.

Amendment 215 #

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5 a. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant to Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of affected stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, especially of affected or potentially affected developing countries.

Amendment 216 #

Proposal for a regulation
Article 5 – paragraph 5 a (new)

5 a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4).

Amendment 217 #

Proposal for a regulation
Article 5 – paragraph 6

6. CThe Commission and competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the ~~economic operators concerned give their consent and that the~~ government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a delimited timeframe.

Amendment 218 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within ~~a reasonable period of time~~12 months from the date they initiated the investigation pursuant to Article 5(1).

Amendment 219 #

Proposal for a regulation
Article 6 – paragraph 3

3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This closing of the investigation for lack of proof shall not preclude the right of competent authority to start a new investigation into the same product should new information be made available.

Amendment 220 #

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Where competent authorities establish that Article 3 has been violated, they shall ~~without delay~~ adopt a decision containing:

Amendment 221 #

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision, taking into account the outcome of the impact assessment referred to in Article 5(5), containing:

Amendment 222 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(c a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.

Amendment 223 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(c a) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities, upon meaningful consultation of affected workers and stakeholders.

Amendment 224 #

Proposal for a regulation
Article 6 – paragraph 4 – point c b (new)

(c b) where applicable, an order to reform unfair purchasing practices should be made.

Amendment 225 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have provided remedy in accordance with Article 6(a) and eliminated forced labour from their operations or supply chain with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harms from continuing or taking place again in the future, the competent authorities shall withdraw their decision and inform the ~~future and inform the economic operators.~~ economic operators. At the exception of situations of state-imposed forced labour, the obligation to eliminate forced labour cannot be fulfilled by simply disengaging from their operators. Pursuing prevention, minimisation and remediation efforts where appropriate, must be sought if there is reasonable expectation that these efforts are to succeed in accordance with a joint time-bound plan. Termination of the business relationship with respect to the activities concerned shall only be considered if the potential adverse impact is severe and repeated prevention and mitigation attempts did not lead to meaningful action by the partner in question, or when ceasing the impact is impossible, in particular due to a state- imposed nature. Economic operators shall engage meaningfully with stakeholders impacted, especially affected workers, by the decision to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impacts where appropriate.

Amendment 226 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they provide proof of effective remediation for workers victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found on its supply chain, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 227 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, provided the proof of effective remediation for workers victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 228 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 6 – paragraph 6 a (new)

6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Amendment 229 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 6 – paragraph 6 b (new)

6 b. If an economic operator determines that disengagement is the most appropriate action, it must strictly comply with national laws, international labour standards and the terms of collective bargaining agreements.

Amendment 230 #

Proposal for a regulation
Article 6 a (new)

Article 6 a Remediation 1. Evidence of remediation measures must include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation (for example, provision of treatment or counselling); (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers and stakeholders and the economic operators. 2. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders and their representatives.

Amendment 231 #

Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)

(a a) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;

Amendment 232 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall where relevant take into account the economic operator’s ~~size and economic resources~~due diligence plans and the likelihood of the appropriate measures contained in this plan to end the forced labour within a reasonable time;

Amendment 233 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 234 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Commission shall adopt ~~implementing~~delegated acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.

Amendment 235 #

Proposal for a regulation
Article 8 – paragraph 1

1. Competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within ~~15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days~~a time period set at national level. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

Amendment 236 #

Proposal for a regulation
Article 8 – paragraph 1

1. CThe Commisson and competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

Amendment 237 #

Proposal for a regulation
Article 8 – paragraph 2

2. A request for a review of a decision adopted pursuant Article 6(4) shall contain relevant new information that was not brought to the attention of the competent authority during the investigation for reasons other than negligence. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

Amendment 238 #

Proposal for a regulation
Article 8 – paragraph 3

3. A competent authority shall take a decision on the request for review within ~~15 working days from the date of receipt of the request~~a time period set at national level. In case of perishable goods, animals and plants, that time limit shall be 5 working days.

Amendment 239 #

Proposal for a regulation
Article 8 – paragraph 3

3. AThe Commission and a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

Amendment 240 #

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) any decision not to initiate an investigation following ~~a preliminary phase of investigation,~~the reception of a complaint, as referred to in Article ~~4(7)~~10;

Amendment 241 #

Proposal for a regulation
Article 10 – title

~~Submission of information regarding violations of Article 3~~Complaints

Amendment 242 #

Proposal for a regulation
Article 10 – title

Submission of information and non- judicial complaints regarding violations of Article 3

Amendment 243 #

Proposal for a regulation
Article 10 – paragraph -1 (new)

-1 The Commission shall establish a centralised notification and non-judicial grievance mechanism to receive information and non-judicial complaints by any affected stakeholders on alleged violations of Article 3. Non-judicial complaints and information may be lodged anonymously. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, this mechanism should align with the one which will be provided in the said Directive. The centralised notification and non-judicial grievance mechanism should be secure and accessible, especially in regards to vulnerable people, such as children, women, migrants and other minorities.

Amendment 244 #

Proposal for a regulation
Article 10 – paragraph 1

1. ~~Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain informa~~The Commission shall establish a centralised complaint mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding goods which are alleged or suspected to be made by forced labour. Complaints shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 6 of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the ~~economic operators or products concerned and provide the reasons substan~~affected workers’ residence status, or on their citizenship or nationality. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigati~~ng the allegation.~~ ons in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.

Amendment 245 #

Proposal for a regulation
Article 10 – paragraph 1

1. Submissions of information by anyd n~~atural or legal person or any association not having legal personality~~on-judicial complaints by any affected stakeholders, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. The mechanism should be secure and accessible, especially in regards to vulnerable people, such as migrant workers, women, children and other minorities.

Amendment 246 #

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, inform the ~~person or association~~complainant referred to in paragraph 1 of the outcome of the assessment of their ~~submission~~complaint as well as all the decision referred to in Article 9 and its rationale.

Amendment 247 #

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, inform the ~~person or association~~affected stakeholders referred to in paragraph 1 of the reasoning, when possible, and outcome of the assessment of their submission together with the decision.

Amendment 248 #

Proposal for a regulation
Article 10 – paragraph 3

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Additionally, Member States and the Commission shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. _________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

Amendment 249 #

Proposal for a regulation
Article 10 – paragraph 3

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39shall apply to the reporting of all breaches of this Regulation and the protection of ~~person~~affected stakeholdersreporting such breaches. _________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

Amendment 250 #

Proposal for a regulation
Article 10 – paragraph 3 a (new)

3 a. adequate remediation should be foreseen in relation to the non-judicial grievance mechanism. In order to ensure that the following Regulation adequately complements the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, remediation, like for the mechanism, should align with the one which will be provided in the said Directive.

Amendment 251 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. This database shall be easily accessible. The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database referred to in paragraph 1. This decision shall be encoded in the same database as a risk database area.

Amendment 252 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations ~~and third~~, especially women and children organisations, and third country authorities, especially developing country authorities.

Amendment 253 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 254 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The Commission shall ensure that this database is easily accessible and usable and that the economic actors likely to use it, in particular VSEs/SMEs, are informed of its existence.

Amendment 255 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. The database shall be transparent and accessible to all.

Amendment 256 #

Proposal for a regulation
Article 11 a (new)

Article 11 a 1. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. 2. Member States shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. 3. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. 4. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.

Amendment 257 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 12 – paragraph 4

4. The Commission shall make the list of the designated competent authorities and of the Central Complain Mechanism publicly available on its website and shall regularly update that list, based on the updates received from Member States.

Amendment 258 #

Proposal for a regulation
Article 12 – paragraph 6

6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30, including with respect to the provision of remediation.

Amendment 259 #

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. In addition, the Commission is working towards optimising cooperation in the area of criminal law with the third countries concerned and, where appropriate and necessary, the exchange of best practices and information.

Amendment 260 #

Proposal for a regulation
Article 14 – paragraph 1

1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products ~~with the same identification and from the same supply chain for which forced labour has been found~~covered by a decision as made under Article 6(4).

Amendment 261 #

Proposal for a regulation
Article 14 – paragraph 2

2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.

Amendment 262 #

Proposal for a regulation
Article 14 – paragraph 4

4. Before initiating an investigation in accordance with Article 5, ~~a competent authority~~the Central Complaint Mechanism shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and/or economic operator.

Amendment 263 #

Proposal for a regulation
Article 14 – paragraph 6 a (new)

6 a. When the accumulation of new complaints and evidence against a product and/or an economic operator renders it meaningful, the Commission may take over the investigation duty from a competent authority.

Amendment 264 #

Proposal for a regulation
Article 15 – paragraph 3 – point a

(a) any decision to prohibit the importing, placing or making available of the products on the Union market and their export, as well as to order the withdrawal of the products already placed or made available on the Union market and their disposal referred to in Article 6(4);

Amendment 265 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; more specifically, the guidelines shall refer to the right to an effective remedy, including measures ensuring a gender- responsive and child-friendly approach which should include, among others, financial and non-financial compensation, apologies, restitution, rehabilitation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition of forced labour. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelines should also incorporate measures that cover the States' obligation to protect, providing specific measures for immediate assistance and rehabilitation and aimed to contribute to the access to long-term sustainable solutions, as a tool to help to recover and avoid re- victimization.

Amendment 266 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, especially women and children organisations, as well as the size and economic resources of economic operators. Specifically, the Commission should develop simplified additional support tools and specialised guidelines on due diligence in relation to forced labour and measures for SMEs. With regards to adequate remediation, further guidelines can also be provided, but should ensure alignment with the remediation which will be provided in Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council, since this Regulation adequately complements the Directive;

Amendment 267 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

Amendment 268 #

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)

(a a) guidelines for economic operators for the identification of victims and risks, including the set up of a suppy chain mapping process and including references to specific high-risk sectors and areas;

Amendment 269 #

Proposal for a regulation
Article 23 – paragraph 1 – point a b (new)

(a b) guidelines to assist rightholders, including the specificities of vulnerable stakeholders, in order to facilitate access to justice, remedy and protection, as well as to foster participation and meaningful engagement with economic operators;

Amendment 270 #

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 271 #

Proposal for a regulation
Article 23 – paragraph 1 – point c

(c) a list of publicly and accesible available information sources of relevance for the implementation of this Regulation;

Amendment 272 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(e a) guidance for affected stakeholders on filing information and non-judicial complaints through the centralised notification and non-judicial grievance mechanism. The Commission should make sure that such guidelines would be able to reach all affected stakeholders, especially vulnerable people, such as, children, women, migrants and other minorities;

Amendment 273 #

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society representatives, international organisations, women and children organisations, especially in developing countries, shall be invited to collaborate with the Network.

Amendment 274 #

Proposal for a regulation
Article 24 – paragraph 2

Amendment 275 #

Proposal for a regulation
Article 24 – paragraph 2

Amendment 276 #

Proposal for a regulation
Article 24 – paragraph 2

Amendment 277 #

Proposal for a regulation
Article 24 – paragraph 3 – point a

(a) facilitate the identification of common priorities for enforcement activities, including, where appropriate, in third countries, especially in developing countries, to exchange information, expertise and best practices;

Amendment 278 #

Proposal for a regulation
Article 24 – paragraph 3 – point a

(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach;

Amendment 279 #

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations and facilitate cooperation in the area of criminal law with third countries outside the EU;

Amendment 280 #

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations, including, where appropriate, in third countries and especially in developing countries;

Amendment 281 #

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations and reinforce national and transnational referral mechanisms;

Amendment 282 #

Proposal for a regulation
Article 24 – paragraph 3 – point c

(c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and, where appropriate, in third countries, especially in developing countries;

Amendment 283 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and, where appropriate, with third country authorities, especially developing country authorities, as well as civil society organisations and international organisations, especially women and children organisations;

Amendment 284 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities and other relevant stakeholders such as civil society organisations and trade unions;

Amendment 285 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;, as well as, where appropriate, with the competent authorities of third countries.

Amendment 286 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities ~~and~~, customs authorities civil society organisations and human rights defenders;

Amendment 287 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(f a) build a common ground aimed to foster cooperation with third countries' competent authorities, international organisations, trade union, civil society organisations and human rights defenders operating outside the EU.

Amendment 288 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(f a) manage the notification and non- judicial grievance mechanism.

Amendment 289 #

Proposal for a regulation
Article 24 – paragraph 5 a (new)

5 a. The EU delegations, particularly in countries/regions established as of high risk for forced labour, shall also be involved in the work of this Network. Dedicated programmes shall be developed for EU delegations to support third countries efforts to eradicate forced labour.

Amendment 290 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 25 – paragraph 2

2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by comprehensive protection services, when requested, and by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.

Amendment 291 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 292 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission ~~may~~shall make every effort, as appropriate, to cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 293 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 294 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis. Additionally, the Commission, in particular in developing countries and in accordance with Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, shall provide measures to contribute to the effective implementation of this Regulation, including financial support for capacity building in partner countries in order to address the root causes of forced labour. Within this context, the Commission shall provide financial and political support to civil society organisations, human rights defenders and rightsholders, when requested, by raising awareness and supporting access to protection, justice and remedy for victims, among others.

Amendment 295 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling (the root causes of) forced labour, the Commission shall may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, business organisations and civil society representatives ~~and business organisations.~~ including trade unions, workers’ rights organisations, NGOs and networks of affected stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 296 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 26 – paragraph 1

Amendment 297 #

Proposal for a regulation
Article 26 – paragraph 2

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries ~~may~~shall result in the Union developing accompanying measures to support ~~the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour~~workers, trade unions, civil society, human rights defenders, smallholders and local communities, wherever forced labour occurs, as well as the efforts of companies, in particular small and medium enterprises, and partner countries efforts and locally available capacities in tackling forced labour. This could include, among others, capacity strengthening and funding to support communities and workers to address the root causes of abuses such as discrimination, power imbalances, unfair purchasing practices and production delays, lack of livelihood opportunities, the absence of a living wage, land rights and the transition from informal economy to the formal economy.

Amendment 298 #

Proposal for a regulation
Article 26 – paragraph 2

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, women and children organisations, civil society representatives, business organisations and competent authorities of third countries, especially in developing countries, as well as any other affected stakeholder, including those collaborating with the Network may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour, including specialised measures and support for the small and medium- sized enterprises (SMEs) that take into account their size and resources.

Amendment 299 #

Proposal for a regulation
Article 26 – paragraph 2

Amendment 300 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Article 26 – paragraph 2

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives and human rights defenders, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.

Amendment 301 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2 a. The following accompanying measures are notably foreseen: (a) supportive development policies to governments in producer countries to guarantee, protect and fultfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor, in order to reduce vulnerability to forced or compulsory labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies, such as employment and labour migration policies, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. (b) supporting partner countries to develop encompassing National Action Plans on Forced Labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced or compulsory labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced or compulsory labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.

Amendment 302 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. In the context of the dialogue on generalised trade preferences, the EU shall emphasise respect for the core labour standards of the International Labour Organisation in relation to forced labour, as well as in general in its bilateral dialogue with the third countries concerned.

Amendment 303 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

Amendment 74 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights and stands in the way of the achievement of decent work for all. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 supported by the Forced Labour (Supplementary Measures) Recommendation (No. 203) and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from any persons under the threat ~~havenot offered it themselvesvoluntarily.17~~of a penalty and for which the person hasnot offered himself or herselfvoluntarily.17The European Court of Human Rights has repeatedly found that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void if there is an abuse of position of vulnerability. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 75 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour (as well as the related practices of slavery and human trafficking) constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 76 #

Pierrette HERZBERGER-FOFANA, Caroline ROOSE, Michèle RIVASI

Proposal for a regulation
Recital 1 a (new)

(1 a) Several ILO standards explicitly prohibit forced labour or related practices among specific categories of vulnerable workers. These include the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Amendment 77 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18~~Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing~~Most forced labour occurs in the private economy and has a strong gender dimension.Forced labour touches, in particular, services, manufacturing, construction, agriculture, and domestic work, and to a smaller extent, mining and fishers aboard fishing vessels.Vulnerable and marginalised groups in a society, including the poor and socially excluded, workers in the informal economy, irregular or otherwise unprotected migrant workers, and people subject to discrimination, are the most affected byforced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 78 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world, and its prevalence has risen in the last years. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups ~~in a society~~, as well as women and children, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdfWorldwide, 12% of all those in forced labour were children, while women and girls made up 11.8 million of the total in forced labour, and 4.9 million of them were in forced commercial sexual exploitation. Forced labour is often a consequence of a lack of good governance of certain economic operators. 86% of forced labour cases were imposed by private actors, while still 14% accounted for state-imposed forced labour in 2021.

Amendment 79 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children, were in forced labour in 2021.18Vulnerable and marginalised groups in a society , such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples,are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators of root causes such as poverty, discrimination, weak governance and democracy, lack of welfare and decent employment conditions and opportunities. In particular, unfair purchasing practices by economic operators can lead to labour rights violations down the supply chain and ultimately, to forced labour. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 80 #

Proposal for a regulation
Recital 2 a (new)

(2 a) Even though forced labour can be found in a large number of sectors, some sectors, such as textiles, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. The TCLF supply chain has become increasingly buyer-driven, which has led to low prices, increased time pressure and poor payment terms to the workers and these conditions fuel and exacerbate the risk of labour rights abuses in TCLF producing factories as well as the conditions of forced labour.

Amendment 81 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values, notably, the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation, which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 2108 of the Treaty on ~~European Union.~~the Functioning of the European Union. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Regarding the TCLF sector’s working conditions and the shrinking political spaces for civil society and trade unions, which aggravate the situation of forced labour, greater political dialogue is required in relation to this as well. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 82 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. This Regulation aims to ban from the EU market products that have been produced, extracted or harvested using forced labour and, as ultimate objective, to eradicate forced labour by addressing its root causes. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 83 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings, and Article 4 of the European Convention on Human Rights provides that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 84 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour, including but not limited to child labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 85 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 3 a (new)

(3 a) Article 31 of the EU Charter of Fundamental Rights recognizes the right for every worker to fair and just working conditions which respect to his or her health, safety and dignity.

Amendment 86 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and to address its root causes. To these effects, corporate sustainability due diligence, along with the ediction of accompanying measures, represents important tools. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 87 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 88 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives, the Union seeks to eradicate (the use of) forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established or placing goods in the Union.

Amendment 89 #

Proposal for a regulation
Recital 5 a (new)

(5 a) The Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe sets ‘Protecting and empowering individuals’ as the first priority of the Thematic Programme on Human Rights and Democracy Multi- Annual Indicative Programming 2021- 2027, which covers the promotion of decent working conditions for all, aiming to contribute to the eradication of forced labour and highlighting the need for supporting civil society on this regard.

Amendment 90 #

Proposal for a regulation
Recital 5 a (new)

(5 a) Furthermore, the EU's development cooperation and trade policy tools must be used to combat forced labour, including child labour, by making greater and more systematic use of the conditionality mechanisms provided for, inter alia, in trade agreements and generalised trade preference schemes.

Amendment 91 #

Proposal for a regulation
Recital 6

(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105, although this commitment is not truly binding. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 92 #

Proposal for a regulation
Recital 6

(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the all fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 93 #

Proposal for a regulation
Recital 6 a (new)

(6 a) Strengthening the application of the trade and development chapters of trade agreements would be effective in combating forced labour, but this implies that violations of the provisions set out in these chapters should be accompanied by sanctions. In this regard, the effectiveness of these chapters in promoting social standards and international labour law remains questionable at present

Amendment 94 #

Proposal for a regulation
Recital 7

(7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21(the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation, as well as preventing and combating trafficking in human beings and protecting its victims, particularly by strengthening victims’ rights in the areas of non-punishment, assistance and support, safe reporting, complaint mechanisms and remedies including compensation. _________________ 21 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p.1.

Amendment 95 #

Proposal for a regulation
Recital 7 a (new)

(7 a) In addition, some states already have their own legislation on due diligence. In this regard, France has Act No 2017-399 of 27 March 2017 on the duty of vigilance of parent companies and instructing undertakings1 b, which 'requires large French companies to publish annual "vigilance plans" establishing measures to identify risks and prevent severe impacts on human rights and the environment resulting from the company’s activities or subsidiaries'1 c. _________________ 1b https://www.legifrance.gouv.fr/jorf/id/JO RFTEXT000034290626/ 1 c External policy tools to address modern slavery and forced labour, Katarina SCHWARZ, Ergul CELIKSOY, Joanna SMĘTEK, Ewelina WOLOSIK, Katarzyna LUBIANIEC, Agnieszka MAKULEC, Todd LANDMAN, European Union, 2022 https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/653664/EXPO_STU(2 022)653664_EN.pdf

Amendment 96 #

Pierrette HERZBERGER-FOFANA, Michèle RIVASI, Caroline ROOSE

Proposal for a regulation
Recital 8

(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.

Amendment 97 #

Proposal for a regulation
Recital 8 a (new)

(8 a) Throughout, effective due diligence requires the meaningful engagement of stakeholders, including workers, their representative organisations, and community members, as they are best positioned to identify local risks and help formulate the most appropriate mitigation strategies. Attention should focus on identifying, prioritizing, and acting on “hotspots” where the risk of forced labour and other human rights abuses is highest in terms of both severity and scale. Particularly important in this context are the informal micro- and small enterprises operating at the lower links of supply chains in high- risk sectors and locations, often in raw materials extraction and production, where forced labour and other human rights abuses are often most pronounced.

Amendment 98 #

Proposal for a regulation
Recital 12

Amendment 99 #

Proposal for a regulation
Recital 12

source: 746.701

2023/05/03 AFET 179 amendments...

Amendment 100 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;

Amendment 101 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) ‘meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations and local communities, with particular attention to especially vulnerable stakeholders, such as workers who are undocumented or in the informal economy, smallholders, and indigenous peoples; it includes the engagement of economic operators with the genuine intention to understand how relevant stakeholders’ interests are affected by their activities; it also includes the engagement of competent authorities with stakeholders prior to taking decisions that may impact the stakeholders, and the consideration of stakeholders’ interests; it also involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them, and it shall ensure follow-through on the implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed;

Amendment 102 #

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(cb) ‘meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;

Amendment 103 #

(cb) ‘remediation’ refers both to the processes of providing remedy for an adverse impact on human rights, and to the substantive outcomes that can counteract, or make good, the adverse impact, including: restitution, rehabilitation, financial or non-financial compensation (including establishing compensation funds for victims), punitive sanctions (whether criminal or administrative, such as fines), as well as prevention of harm through, for example, injunctions or guarantees of non- repetition, and where accompanied by one or more of the other measures, apologies. Remediation shall be provided according to the context and needs of each victim of forced labour;

Amendment 104 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product or services that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is performed, extracted, harvested, produced or, manufactured, transported or stored, including working or processing related to a product at any stage of its supply chain;

Amendment 105 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, including working or processing related to a product at any stage of its supply chain, including the transport and shipping of the product towards or within the Union market;

Amendment 106 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who performs services, extracts, harvests, produces or, manufactures, transports or stores a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 107 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(ma) ‘stakeholders’ means: (i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by the forced labour as used by an economic operator, its subsidiaries or its business relationships; (ii) other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;

Amendment 108 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘relevant stakeholders’ or ‘stakeholders’ means vulnerable workers or employees who might be impacted by the product ban as well as other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs and any other legal or natural persons defending human rights (‘human rights defenders’) that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;

Amendment 109 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘remediation’ means both the process of providing remedy for a negative human rights impact and the substantive outcomes that can counteract, or make good, the negative impact. These outcomes may take a range of forms such as apologies, restitution, rehabilitation, financial or non-financial compensation, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition. Remediation shall be provided according to the context and needs of each victim of forced labour;

Amendment 110 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;

Amendment 111 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘forced labour risk areas’ means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;

Amendment 112 #

Proposal for a regulation
Article 2 – paragraph 1 – point u b (new)

(ub) ‘stakeholders’ means: (i) workers who might be impacted by the product ban; (ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers organisations and NGOs; other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 1 – point u b (new)

(ub) ‘affected stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual impacts connected to the use of forced labour in the supply chain for the company’s products;

Amendment 114 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, following a meaningful consultation with and engagement of relevant stakeholders, including the following information:

Amendment 115 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 116 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, including on the basis of any of the following:

Amendment 117 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 118 #

Proposal for a regulation
Article 4 – paragraph 3 – point d a (new)

(da) evidence of remediation of forced labour.

Amendment 119 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 120 #

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents, remediates and brings to an end the risk of forced labour.

Amendment 121 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In order to protect all affected stakeholders and due to the sensitive nature of some of the information disclosed, the content of the investigation shall be treated as confidential where appropriate. In requesting such information, competent authorities shall to the extent possible:

Amendment 122 #

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) ~~prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and~~identify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the most leverage in terms of economic turnover, to prevent, mitigate, remediate and bring to an end forced labour in their operations and value chains;

Amendment 123 #

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) prioritise the economic operators under investigation involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and

Amendment 124 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

~~(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.~~deleted

Amendment 125 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, ~~as well as~~ the scale of suspected forced labour, as well as the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from.

Amendment 126 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3a. Competent authorities shall ensure the interactive, responsive and ongoing process of meaningful engagement of relevant stakeholders, including by inviting them to submit any information that is relevant and necessary for the investigation.

Amendment 127 #

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators and relevant stakeholders shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 128 #

Proposal for a regulation
Article 5 – paragraph 5

5. ~~When deciding on the time limits referred to in this Article, competent authorities shall consider~~ Once the competent authority initiates an investigation, it shall assess the possible impacts of any decision to be adopted pursuant to Article 6(4) on the affected workers. That assessment shall be carried out with the meaningful engagement of affected workers and third parties legitimately representing their interests, such as trade unions and civil society organisations but also withe s~~ize and economic resources of the economic operators concerned~~pecialised local and international NGOs, local authorities, community members, community-level monitoring programmes, governments’ officials and labour inspectorates, most notably the actors that the workers perceive as their legitimate representatives.

Amendment 129 #

Proposal for a regulation
Article 5 – paragraph 6

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries~~, provided that the economic operators concerned give their consent an~~ and consultations of relevant stakeholders, provided that the government of the Member State or third country in which the inspections are to take place has been officially notified ~~and raises no objection~~.

Amendment 130 #

Proposal for a regulation
Article 5 – paragraph 6

6. Competent authorities may carry out all necessary checks and inspections including investigations ~~in third countries, provided that th~~and where appropriate econ~~omic operators concerned give~~sultations with affected stakeholders in theird co~~nsent an~~untries, provided that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.

Amendment 131 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers and stakeholders.

Amendment 132 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(ca) an order for the economic operator to provide remediation to affected workers according to their individual responsibilities. The remediation plan and its implementation strategy shall be agreed upon between competent authorities, upon meaningful consultation of affected workers, trade unions and relevant stakeholders.

Amendment 133 #

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, ~~and~~ that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that they have provided remediation to the affected workers, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 134 #

Proposal for a regulation
Article 6 – paragraph 6

Amendment 135 #

Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 a (new)

At the exception of situations of State- imposed forced labour, the obligation to eliminate forced labour cannot be fulfilled by simply disengaging from their operators. Pursuing prevention, minimisation and remediation efforts where appropriate, shall be sought if there is reasonable expectation that these efforts are to succeed in accordance with a joint time-bound plan.

Amendment 136 #

Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 b (new)

Termination of the business relationship with respect to the activities concerned shall only be considered if the potential adverse impact is severe and repeated prevention and mitigation attempts did not lead to meaningful action by the partner in question, or when ceasing the impact is impossible, in particular due to a state- imposed nature. Economic operators shall engage meaningfully with stakeholders impacted by the decision especially affected workers - to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impacts where appropriate.

Amendment 137 #

Proposal for a regulation
Article 6 a (new)

Article 6a Evidence of remediation measures shall include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers and stakeholders and the economic operators; Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives.

Amendment 138 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 139 #

Proposal for a regulation
Article 8 – paragraph 5

5. Economic operators and third parties that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.

Amendment 140 #

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated website which is publicly accessible and includes a list of all sanctioned products, production sites or regions.

Amendment 141 #

Proposal for a regulation
Article 10 – title

~~Submission of information regarding violations of Article 3~~Complaints

Amendment 142 #

Proposal for a regulation
Article 10 – paragraph 1

1. ~~Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3~~The Commission shall establish a centralised complaint mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the Union, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding goods which are alleged or suspected to be made by forced labour. Complaints shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.

Amendment 143 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 144 #

1. The Commission shall establish a centralised complaint mechanism for receiving complaints. Submissions of information by any natural or legal person or any association not having legal personality, ~~to competent authorities~~including workers or others affected by forced labour, civil society organisations including trade unions and affected communities to competent authorities and the centralised complaint mechanism on alleged violations of Article 3 may be lodged anonymously and shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Adequate protection measures shall be set to ensure the safety of relevant stakeholders, including ensuring confidentiality and anonymity, and prevent retaliation and reprisals.

Amendment 145 #

Proposal for a regulation
Article 10 – paragraph 1

1. Submissions of information by any ~~natural or legal person or any association not having legal personality,~~affected stakeholder to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Confidentiality shall be applied automatically to victims of, or associated with, instances of forced labour who make submissions under Article 4(1)(a).

Amendment 146 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)

Complaints may be lodged anonymously and confidentially. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 10a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.

Amendment 147 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)

Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 6a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.

Amendment 148 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 b (new)

The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.

Amendment 149 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 b (new)

Amendment 150 #

Proposal for a regulation
Article 10 – paragraph 2

Amendment 151 #

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, inform the ~~person or association~~affected stakeholder referred to in paragraph 1 of the outcome of the assessment of their submission.

Amendment 152 #

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, ~~as soon as possible~~where relevant, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

Amendment 153 #

Proposal for a regulation
Article 10 – paragraph 3

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Member States and the Commission shall ensure that the identity of the person reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed to anyone beyond the authorised staff members without the explicit consent of the person. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. __________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

Amendment 154 #

Proposal for a regulation
Article 10 – paragraph 3

3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of ~~person~~affected stakeholders reporting such breaches. __________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.

Amendment 155 #

Proposal for a regulation
Article 10 a (new)

Article 10a Remediation 1. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction. 2. Once it is launched under Article 5, an investigation shall also determine, in consultation with relevant stakeholders such as trade unions and non- governmental organisations, the appropriate remediation, prevention of future reoccurrence and mitigation measures. 3. Evidence of remediation shall be provided to the competent authority and to the Network, and it shall go beyond information provided by social audits and certification bodies. 4. Evidence of remediation measures shall include evidence of one or more of the following: (a) financial and non-financial compensation, including compensation based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims to restore their position before the forced labour took place, for example by returning their passport; (c) rehabilitation, for example by provision of treatment or counselling; (d) effective preventive measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies. 5. Competent authorities may lift the market prohibition once the economic operator proves that the forced labour has been remediated and that forced labour is no longer present and that processes have been put in place to prevent harms from continuing or taking place again in the future. Competent authorities shall inform the Network of such steps and outcome and the database under Article 11 shall be adapted accordingly without delay. 6. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.

Amendment 156 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors or with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities, and from trade unions, civil society organisations, human rights defenders, and labour and work cooperatives. The customs authorities’ data such as origin, places of storage and transportation points of the products entering or leaving the Union market are crucial risk indicators. Such data shall be freely accessible to the public by means of the database. That database shall include a list of the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread.

Amendment 157 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise, with special regard to human rights expertise, to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites or groups of production sites, specific economic operator, specific cargo ship or fleet, geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, relevant stakeholders, international organisations, including the ILO and International Trade Union Confederation (ITUC) and third country authorities.

Amendment 158 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 159 #

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)

The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database. This decision shall be encoded in the same database as a risk database area. In those specific areas, the economic operators shall prove their value chains are free from forced labour before their products may enter, move across or leave the Union market.

Amendment 160 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. The products referred to in paragraph 1 or coming from areas referred to in paragraph 1 shall be presumed to be in violation of Article 3 and shall therefore be automatically subject to an investigation in accordance with Article 5. Economic operators have the burden to disproof such presumption.

Amendment 161 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. The products referred to in paragraph 1 or coming from areas referred to in paragraph 1 shall be presumed to be at a higher risk of a violation of Article 3 and shall therefore be subject to a higher priority preliminary phase of investigation in accordance with Article 4. The competent authorities bear the burden to prove the existence of a violation.

Amendment 162 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available and easily accessible to all by the external expertise ~~at the latest 24 months~~immediately after the entry into force of this Regulation.

Amendment 163 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is ~~made publicly available~~easily accessible and publicly available in multiples languages, by the external expertise at the latest 124 months after the entry into force of this Regulation.

Amendment 164 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available, including in a format accessible to persons with disabilities, by the external expertise at the latest 124 months after the entry into force of this Regulation.

Amendment 165 #

Proposal for a regulation
Article 11 – paragraph 3 a (new)

3a. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. Member States shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.

Amendment 166 #

Proposal for a regulation
Article 12 – paragraph 4

Amendment 167 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States, as well as States of the European Free Trade Association, countries participating in the internal market or candidate countries, through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.

Amendment 168 #

Proposal for a regulation
Article 13 – paragraph 2

2. CThe Central Complaint Mechanism and competent authorities shall actively participate in the Network referred to in Article 24.

Amendment 169 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 170 #

Proposal for a regulation
Article 16 – paragraph 2

2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, storage company, importer or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.

Amendment 171 #

Proposal for a regulation
Article 20 – paragraph 1

Amendment 172 #

Proposal for a regulation
Article 20 a (new)

Article 20a Remediation Remediation for affected workers shall be provided by the economic operator. Evidence of remediation measures shall be transparent and include evidence of the following: (a) financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; (c) rehabilitation, for example, provision of treatment or counselling; (d) effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies; (e) other remediation measures as agreed upon by affected workers, trade unions, relevant stakeholders and the economic operators. Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives and monitored by the Union Network Against Forced Labour Products.

Amendment 173 #

Proposal for a regulation
Article 22 – paragraph 1

1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities and customs authorities as well as consumers shall have access to that system for the purposes of this Regulation.

Amendment 174 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following:

Amendment 175 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

Amendment 176 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations and existing collaborative multi-stakeholders experiences, as well as the size and economic resources of economic operators;

Amendment 177 #

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidance, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 178 #

Proposal for a regulation
Article 23 – paragraph 1 – point e

(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation. The guidance shall include provisions on the identification and evaluation of risks of forced labour in commodities sourced by economic operators through a mass balance approach in order to avoid negative impacts on economic actors not involved in forced labour whose products are part of mass balance sourcing.

Amendment 179 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) guidance on remediation measures, which shall refer to remediation measures that include for example financial and non-financial compensation, restitution, rehabilitation, effective preventive measures and guarantees of non-recurrence of forced labour and apologies;

Amendment 180 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) guidance in the areas of prevention, protection of victims and ensuring their access to justice and remedies, enforcement and international cooperation;

Amendment 181 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) guidelines to set up an economic mapping process;

Amendment 182 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) guidelines to set up an economic mapping process;

Amendment 183 #

Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)

(eb) guidance for the stakeholders to file a complaint, as well as participate and meaningfully engage in the procedures set out in this Regulation;

Amendment 184 #

Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)

(eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;

Amendment 185 #

Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)

(eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;

Amendment 186 #

Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)

(ec) guidance on remediation measures;

Amendment 187 #

Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)

(ec) guidance on requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses;

Amendment 188 #

Proposal for a regulation
Article 23 – paragraph 1 – point e d (new)

(ed) guidance on meaningful stakeholder engagement;

Amendment 189 #

Proposal for a regulation
Article 23 – paragraph 1 a (new)

The guidelines shall be consistent with relevant Union legislation, including the Directive on Corporate Sustainability Due Diligence and the Regulation on Deforestation-free products.

Amendment 190 #

Proposal for a regulation
Article 24 – paragraph 1

Amendment 191 #

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities. Representatives of States of the European Free Trade Association, countries participating in the internal market or candidate countries may be, where relevant, invited to participate as observers.

Amendment 192 #

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities, trade unions and other workers’ representatives, civil society representatives, international organisations and third countries’ competent authorities.

Amendment 193 #

Proposal for a regulation
Article 24 – paragraph 3 – point d

(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation, as well as coordinate dissemination efforts in and outside the EU;

Amendment 194 #

Proposal for a regulation
Article 24 – paragraph 3 – point e a (new)

(ea) provide systematic information and recommendations to the Commission and the European External Action Service in case of detection of forced labour practices, involve the Union delegations, particularly in the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread as listed in the database under Article 11, and monitor measures taken to support the implementation of this Regulation by addressing the root causes of forced labour;

Amendment 195 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) promote the cooperation and exchange of expertise and best practices with third countries and/or international entities;

Amendment 196 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;

Amendment 197 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(f a) monitor remediation measures;

Amendment 198 #

Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)

(fb) setting up mechanisms for continuous engagement with third countries, as to support implementation of regulation by addressing root causes of forced labour;

Amendment 199 #

Proposal for a regulation
Article 25 – paragraph 2

2. Where requested, the Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential mannerConfidentiality and further protection shall be guaranteed automatically about the identity of those who provide information unless the contrary is requested.

Amendment 200 #

Proposal for a regulation
Article 25 – paragraph 2

2. ~~Where requested, t~~The Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential mannerIf information is provided by children in forced labour, child protection and safeguarding policies shall be put in place as well as forced child labour monitoring mechanisms, including child- oriented protocols for inspections and follow up.

Amendment 201 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling forced labour and its root causes, the Commission ~~may~~shall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, business organisations and civil society representatives ~~and business organisation~~including trade unions, workers’ rights organisations, NGOs and networks of affected stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 202 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on eradicating the root causes of forced labour, the Commission ~~may~~shall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives, including trade unions, workers’ rights organisations, NGOs and networks of affected stakeholders and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 203 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on tackling the root causes and forced labour itself, the Commission ~~may~~shall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives, relevant stakeholders including trade unions and other workers’ representatives, NGOs and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 204 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 205 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 206 #

Proposal for a regulation
Article 26 – paragraph 1 a (new)

1a. The Union shall strengthen its coordination and cooperation with like- minded democratic partners to prevent and eliminate practices of forced labour worldwide, including child labour, as part of its global efforts to protect and uphold human rights.

Amendment 207 #

Proposal for a regulation
Article 26 – paragraph 2

Amendment 208 #

Proposal for a regulation
Article 26 – paragraph 2

2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, relevant stakeholders, civil society representatives, business organisations and competent authorities of third countries ~~may~~shall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.

Amendment 209 #

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 a (new)

The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.

Amendment 210 #

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 b (new)

The competent authorities and the Commission shall also cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third- country governments.

Amendment 211 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of this Regulation.

Amendment 212 #

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this regulation. The competent authorities and the Commission shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments. In case of a violation of Article 3 of this Regulation, the Council shall impose sanctions through the EU Global Human Rights Sanctions Regime or impose country-based sanctions regimes. The Council shall also adopt conclusions outlining strategies of the Union and the Member States to promote bilateral and multilateral coordination with third countries and other diplomatic initiatives to address state-sponsored forced labour, up to and including the recourse to sanctions towards third countries that promote forced labour, in line with ILO Convention No. 105.

Amendment 213 #

Proposal for a regulation
Article 26 – paragraph 2 b (new)

2b. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation. The competent authorities and the Commission shall also cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third- country governments. International cooperation with authorities of third countries shall take place with the involvement of the EU Delegation in third countries.

Amendment 214 #

Proposal for a regulation
Article 26 – paragraph 2 c (new)

2c. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and trade union rights and by taking measures to enable partner countries in collaboration with civil society organisations and relevant stakeholders to effectively prevent, minimise, remediate to and eradicate forced labour.

Amendment 215 #

Proposal for a regulation
Article 26 – paragraph 2 d (new)

2d. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly causing adverse impacts, the competent authorities and the economic operators in cooperation with third countries shall ensure that disengagement is a last-resort action, in line with the Union’s policy of zero-tolerance on child labour and forced labour. Disengagement shall be avoided where the impact of disengagement would be greater than the adverse impact of forced labour. In situations of state- imposed forced labour, where the adverse impact is systemic and organised by political authorities, unhindered engagement with those adversely impacted and mitigation are not possible. Competent authorities and economic operators shall ensure the termination of business relationships where state- imposed forced labour is systemic occurring.

Amendment 216 #

Proposal for a regulation
Article 27 a (new)

Article 27a Relationship with other Union Law To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.

Amendment 217 #

Proposal for a regulation
Article 30 – paragraph 2

2. The penalties ~~provided for~~shall take the form of fines and its amount shall be effective, proportionate and dissuasive. The collected fines shall be used to create compensation funds.

Amendment 39 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights and stands in the way of the achievement of decent work for all. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 supported by the Forced Labour (Supplementary Measures) Recommendation (No. 203) and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or service is exacted from any persons under the threat ~~have not offered it themselves voluntarily.17~~of a penalty and for which the person has not offered himself or herself voluntarily.17 The European Court of Human Rights has repeatedly found that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void if there is an abuse of position of vulnerability. __________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 40 #

Proposal for a regulation
Recital 1

Amendment 41 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 This definition generally applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several elements which, individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status. Labour market measures, such as a gradual decline of unemployment benefit or the loss of unemployment benefit or assistance when an unemployed person rejects a job offer, adopted by OECD countries, should not in principle be deemed in breach of the ILO Convention No. 29 and the ILO Convention No. 105. __________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 42 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people, including 3.3 million children and 11.8 million women and girls, were in forced labour in 2021.18 Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators, such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of root causes such as poverty, discrimination, weak governance and democracy, lack of welfare and decent employment conditions and opportunities, as well as lack of legal migration pathways. In particular, unfair purchasing practices by economic operators can lead to labour rights violations down the supply chain and, ultimately, to forced labour. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 43 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18 Vulnerable and marginalised groups in a society, such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 44 #

Proposal for a regulation
Recital 2

Amendment 45 #

Proposal for a regulation
Recital 2 a (new)

(2a) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, should focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it.

Amendment 46 #

Proposal for a regulation
Recital 2 a (new)

(2a) The Office of the UN High Commissioner for Human Rights (OHCHR) concluded that the People’s Republic of China (PRC) has committed ‘serious human rights violations’ against the Uyghur and ‘other predominantly Muslim communities’ in what the PRC refers to as the Xinjiang Uyghur Autonomous Region (XUAR). This includes ‘torture, sexual violence, ill- treatment, forced medical treatment, as well as forced labour and reports of deaths in custody’ committed in camps and other detention facilities.

Amendment 47 #

Proposal for a regulation
Recital 3

(3) The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international law on human rights. It is of an absolutely binding nature from which no exception is permitted. The eradication of forced labour is therefore a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5~~(2)~~ of the Charter of Fundamental Rights of the European Union ~~and~~explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 The Charter of Fundamental Rights recognises the right to every worker to fair and just working conditions in its Article 31 and the right to an effective remedy in its Article 47. The European Social Charter (1961) and the Revised European Social Charter (1996), adopted by the Council of Europe on 18 October 1961 and 3 May 1996 respectively, require contracting parties ‘to protect effectively the right of the worker to earn [her/his] living in an occupation freely entered upon’. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 48 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its international relations, the Union should uphold and promote its values and contribute to the protection of human rights. Article 5~~(2)~~ of the Charter of Fundamental Rights of the European Union ~~and~~explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 31 of the Charter of Fundamental Rights of the European Union recognises the right for every worker to fair and just working conditions which respect the worker’s health, safety and dignity. The right to remedies is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union legislation, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 49 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international commitments. Respect for human dignity and the universality and indivisibility of human rights are also firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 50 #

Proposal for a regulation
Recital 3 a (new)

(3a) Article 31 of the Charter of Fundamental Rights of the European Union recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity.

Amendment 51 #

Proposal for a regulation
Recital 4

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 ~~They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO~~However, there are nine Member States which have not yet ratified the 2014 Protocol to Convention No. 29 and should do so without any delay. Moreover, there continue to be shortcomings in the implementation of the fundamental ILO Conventions. It is necessary that Member States fully implement them and correctly transpose all the Union legislation aimed at combating forced labour, labour rights violations and human trafficking in order to enforce the import and export ban of any product or service using forced labour. This Regulation aims to legally bind Member States to prevent and eliminate the use of forced labour, to provide to victims protection and access to appropriate and effective remedies, to sanction the perpetrators of forced or compulsory labour and to report regularly to the ILO. In that regard, the 2014 Protocol to Convention No. 29 stipulates that all victims irrespective of their presence or legal status in the national territory should have access to appropriate and effective remedies. The third pillar of the UN Guiding Principles on Business and Human Rights stipulates that remediation is a fundamental right which can take the form of rehabilitation, financial or non-financial compensation, punitive sanction or prevention of harm through injunctions or guarantees of non- repetition. Article 6(6) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children obliges its State Parties to ensure that victims of human trafficking obtain compensation for damages suffered. Directive 2011/36/EU of the European Parliament and of the Council requires Member States to ensure that victims of human trafficking have access to compensation. __________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.

Amendment 52 #

Proposal for a regulation
Recital 4

(4) More than 3.3 million children are estimated to be in situation of forced labour, over half of which are in commercial sexual exploitation, and children account for about 12 % of all those in forced labour, although the numbers could be much higher. All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. __________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.

Amendment 53 #

Proposal for a regulation
Recital 4 a (new)

(4a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43 % of the total.1a It is therefore fundamental to ensure that this Regulation is implemented in a gender- responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by adverse business practices, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of this Regulation, collect gender- disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. __________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

Amendment 54 #

Proposal for a regulation
Recital 4 b (new)

(4b) In line with international standards, while achieving the intention of this Regulation, the potential impact of this Regulation on victims should be taken into account. Terminating a business relationship in which child labour or forced labour was found could expose to even more severe adverse human rights impacts. In the same line, women in precarious labour conditions and forced labour could face more severe adverse human rights impacts thus increasing their vulnerability. This should therefore be taken into account when deciding on the appropriate action to take.

Amendment 55 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate ~~the use of~~ forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 56 #

Proposal for a regulation
Recital 5

Amendment 57 #

Proposal for a regulation
Recital 5 a (new)

(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide, by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.

Amendment 58 #

Proposal for a regulation
Recital 6

(6) ~~Union~~Through its trade policy ~~supports the~~, the Union must intensify its fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences cshould be withdrawn for serious and systematic violations, or lack of implementation, of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 59 #

Proposal for a regulation
Recital 7

(7) The Anti-trafficking Directive (Directive 2011/36/EU) of the European Parliament and of the Council21 (the Anti- trafficking Directive) harmonises the definition of trafficking in human beings, including forced labour or services, and establishes minimum penalties. Any rules laid down concerning the prohibition of placing and making available on the Union market domestic or imported products made with forced labour, or exporting such products, and the obligation to ensure that such products are withdrawn from the Union market (‘the prohibition’), should be without prejudice to that Directive, and in particular to the competence of law enforcement and judicial authorities to investigate and prosecute offences on trafficking in human beings, including labour exploitation, as well as preventing and combating trafficking in human beings and protecting its victims, particularly by strengthening victims’ rights in the areas of non-punishment, assistance and support, safe reporting, complaint mechanisms and remedies including compensation. __________________ 21 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p.1.

Amendment 60 #

Proposal for a regulation
Recital 12

Amendment 61 #

Proposal for a regulation
Recital 12 a (new)

(12a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the Union as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.

Amendment 62 #

Proposal for a regulation
Recital 13

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour~~.30 It is therefore~~, especially regarding the practices of the People’s Republic of China (PRC).30 It is therefore not only a matter of market distortion but also a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products. __________________ 30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).

Amendment 63 #

Proposal for a regulation
Recital 13 a (new)

(13a) The European Parliament in its resolution of 9 June 2022 on ‘A new trade instrument to ban products made by forced labour’ explicitly called for remediation measures that would allow access to remedy for potential victims of forced labour and, in particular, to provide remediation to the affected workers prior to import restrictions being lifted.

Amendment 64 #

Proposal for a regulation
Recital 13 b (new)

(13b) In accordance with the 2014 Protocol to the Convention No. 29, Member States should take effective measures for the identification, release, protection, recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support.

Amendment 65 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products, as well as the services related to the shipping and transport towards and within the Union. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 66 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, transport or storage, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 67 #

Proposal for a regulation
Recital 18

Amendment 68 #

Proposal for a regulation
Recital 18

Amendment 69 #

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities should, while taking into account the size and economic resources, grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour, .

Amendment 70 #

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent, remediate and bring to an end the risk of forced labour.

Amendment 71 #

Proposal for a regulation
Recital 21

Amendment 72 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified ~~and address~~, addressed and, if applicable, removed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 73 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent, remediate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 74 #

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the ~~value~~supply chain where there is a higher risk of forced labour with respect to the products under investigation, the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 75 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the geographical area from which the product or any of its parts at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, as well as the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 76 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should ~~prioritise~~identify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of all economic operators under investigation that are involved in the steps of the value chain a~~s close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators,~~nd the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 77 #

Proposal for a regulation
Recital 26

(26) ~~Competent authoritie~~Economic operators should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, transport and storage including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. ~~To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.~~

Amendment 78 #

Proposal for a regulation
Recital 26

(26) ~~Competent authoritie~~Economic operators should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product ~~on the basis of all information and evidence gathered during the investigation, including its preliminary phase~~and the shipping and transport of the product towards or within the Union market on the basis of all information and evidence, reasonably available to them. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 79 #

Proposal for a regulation
Recital 27

(27) CThe Commission and competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste managementthe relevant products should be seized. The cost of their storage should be borne by the economic operator and the products disposed of in accordance with national law consistent with Union law, including destining its proceeds to victims and victims’ associations for the purpose of social re-use.

Amendment 80 #

Proposal for a regulation
Recital 32

(32) The Commission should establish a centralised mechanism to receive complaints. Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information or a complaint to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Measures should be taken to protect stakeholders, including those from third countries, and avoid any reprisals by ensuring their confidentiality and anonymity.

Amendment 81 #

Proposal for a regulation
Recital 32

(32) Any ~~person, whether it is a natural or legal person, or any association not having legal personality,~~affected stakeholder should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.

Amendment 82 #

Proposal for a regulation
Recital 32

Amendment 83 #

Proposal for a regulation
Recital 32 a (new)

(32a) In order to facilitate the exchange of information between relevant authorities as well as submission of information, the Commission should ensure the creation of a dedicated online platform with a single format in all working languages of the Union.

Amendment 84 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour, including specific requirements that economic operators need to adhere to in order to prove that they have eliminated forced labour from their supply chains and corrective actions adopted to prevent future abuses, and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 85 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 86 #

Proposal for a regulation
Recital 33

(33) The Commission should without delay issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 87 #

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products ~~with~~from the same ~~identification from the same supply chai~~production site, company, group of companies or region for which forced labour has been found.

Amendment 88 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at Union level as well as a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

Amendment 89 #

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global ~~value~~supply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries, especially States of the European Free Trade Association, countries participating in the internal market or candidate countries, and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example through concrete benchmarks in the Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 90 #

Proposal for a regulation
Recital 45

Amendment 91 #

Proposal for a regulation
Recital 45

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down: (a) rules prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and (b) rules for remedial obligations for importers and economic operators for instances where forced labour is found.

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour; it includes work and services in the complete value chain, from the raw material to the end products’ distribution, including in the transportation or storage, exacted from any person, under the threat of a penalty, which is not offered voluntarily;

Amendment 94 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes in particular forced labour imposed: (i) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (ii) as a method of mobilising and using labour for purposes of economic development; (iii) as a means of labour discipline; (iv) as a punishment for having participated in strikes; or (v) as a means of discrimination based on race, social or national origins, religious beliefs, caste, disability, gender or sexual orientation;

Amendment 95 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization, including the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;

Amendment 96 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, mandatory and voluntary guidelines, ~~recommendations~~ or practices to identify, prevent, mitigate or, remediate and bring to an end ~~the use of~~ forced labour in their operations and value chain with respect to products that are to be made available on the Union market, imported or to be exported; bringing to an end forced labour shall not mean disengagement as first resort;

Amendment 97 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products and services that are to be made available on the Union market, imported or to be exported; any due diligence of the importer or economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation;

Amendment 98 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

Amendment 99 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported;

source: 746.976

2023/05/05 EMPL 96 amendments...

Amendment 100 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ~~ensure that~~make the database ~~is made~~ publicly available ~~by the external expertise~~ at the latest 24 months after the entry into force of this Regulation.

Amendment 101 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines ~~no later than 18 months~~immediately after the entry into force of this Regulation, which shall include the following:

Amendment 102 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) operational tools to help economic operators satisfy their due diligence obligations without imposing disproportionate administrative burdens.

Amendment 103 #

Carmen AVRAM, Brando BENIFEI, Agnes JONGERIUS, Daniela RONDINELLI, Milan BRGLEZ, João ALBUQUERQUE, Evelyn REGNER, Gabriele BISCHOFF, Lina GÁLVEZ MUÑOZ, Marianne VIND, Estrella DURÁ FERRANDIS, Adriana MALDONADO LÓPEZ, Elisabetta GUALMINI, Klára DOBREV, Alicia HOMS GINEL

Proposal for a regulation
Article 24 – title

Union Network Against Forced Labour ~~Products~~

Amendment 104 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation ~~within the Union, thereby making enforcement more effective and coherent.~~ as well as with other relevant obligations on due diligence and product requirements within the Union, thereby making enforcement more effective and coherent. Representatives of states of the European Free Trade Association, countries participating in the internal market or candidate countries may be, where relevant, invited to participate as observers. The Union shall in addition strengthen its coordination and cooperation with like-minded democratic partners to prevent and eliminate practices of forced labour including child labour worldwide as part of its global efforts to protect and uphold human rights.

Amendment 105 #

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Amendment 106 #

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour ~~Products~~ (‘the Network’) is established and led by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Amendment 107 #

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of one representatives from each Member State~~s’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authoritie~~ and representatives from the Commission as well as one independent expert appointed by the European Parliament and four representatives of European social partners as observers. Each Member State shall nominate a representative and an alternate representative from its competent authority. Cross-industry social partner organisations at Union level may designate four representatives as observers to the Network with an equal representation of trade union and employer organisations.

Amendment 108 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, the social partners and, where appropriate, experts from the customs authorities, relevant agencies and civil society organisations.

Amendment 109 #

Proposal for a regulation
Article 24 – paragraph 2 a (new)

2a. The Commission shall chair the Network and ensure its secretariat. The Network shall invite a representative of the Fundamental Rights Agency (FRA), a representative of the European Labour Authority (ELA) and representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area as observers to its meetings. It may also invite representatives of Union delegations and other Union bodies, representatives of third country authorities, stakeholder organisations and other relevant experts to attend the meetings of the Network.

Amendment 110 #

Proposal for a regulation
Article 24 – paragraph 3 – point a

(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;

Amendment 111 #

Proposal for a regulation
Article 24 – paragraph 3 – point a a (new)

(aa) set up a contact point for persons, economic operators and other stakeholders, who wish to report suspected violations of Article 3 of this Regulation, and establish follow-up procedures;

Amendment 112 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;

Amendment 113 #

Proposal for a regulation
Article 24 – paragraph 3 – point c a (new)

(ca) improve the knowledge of wide- spread and systematic forced labour and its root causes, including poverty, inequalities, systemic discrimination, lack of social protection and education, disrespect of collective rights and a lack of efficient labour inspections, through studies and research, also in view of expanding the data base referred to in Article 11 of this Regulation;

Amendment 114 #

Proposal for a regulation
Article 24 – paragraph 3 – point d

(d) ~~contribute to the development of guidance~~develop guidelines to ensure the effective and uniform application of this Regulation and monitor its enforcement in the Member States;

Amendment 115 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities;

Amendment 116 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) promote the cooperation and exchange of expertise and best practices with the competent authorities of third countries, international organisations and other relevant actors and bodies;

Amendment 117 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) coordinate and cooperate with third-country authorities, where applicable.

Amendment 118 #

Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)

(fb) monitor remediation of forced labour;

Amendment 119 #

Proposal for a regulation
Article 24 – paragraph 3 – point f c (new)

(fc) monitor the redirection of products, which were refused for release for free circulation or export, to be used in the interest of the public;

Amendment 120 #

Proposal for a regulation
Article 24 – paragraph 3 – point f d (new)

(fd) provide information and make recommendations regarding forced labour to the Commission and other relevant Union bodies.

Amendment 121 #

Proposal for a regulation
Article 24 – paragraph 4

4. The Commission shall support and encourage cooperation between enforcement authorities through the ~~Network and participate in the meetings of the~~ Network.

Amendment 26 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 This definition generally applies to work or service exacted by governments and public authorities as well as private bodies and individuals. The ILO has developed several elements, which individually or in conjunction, can indicate a forced labour situation: threats or actual physical harm, restriction of movement or confinement to the workplace or a limited area, debt bondage, withholding wages or excessive wage reduction that violates previously made agreements, or retention of passports and identity documents or threat of denunciation to the authorities, when the worker has an irregular immigration status. Labour market measures, such as a gradual decline of unemployment benefit or the loss of unemployment benefit or assistance when an unemployed person rejects a job offer, adopted by OECD countries should not in principle be deemed in breach of the ILO Convention No. 29 and the ILO Convention No. 105. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 27 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, ~~the~~including the supplementing 2014 Protocol to Convention No. 29 and the Forced Labour (Supplementary Measures) Recommendation (No.203), and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service ~~is exacted from persons that~~, such as transportation, storage and logistics, cleaning or seasonal work, is exacted from persons under the threat of a penalty and for which they have not offered it themselves voluntarily.17Abusive practices in which work or service is imposed by exploiting the worker's vulnerability under the threat of penalty, such as the use of physical violence, dismissal and loss of residence status, retention of wages or identity documents, are not simply a matter of poor working conditions but should be regarded as forced labour. The European Court of Human Rights has found a number of cases that, under Article 4 of the European Convention on Human Rights, initial consent and voluntariness become null and void insofar there is an abuse of position of vulnerability. _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).

Amendment 28 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights, contributes to the perpetuation of poverty and stands in the way of the achievement of decent work for all. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16and issued recommendation to prevent, eliminate, and remedy forced labour17b. Forced labour covers a wide variety of coercive labour practices where work ~~or service~~, mainly in productive sectors, such as processing, agriculture and fisheries, in particular in third countries involved in trading relations with the EU, and services, such as transportation, storage and logistics, is exacted from any persons under threat ~~have not offered it themselves~~of a penalty and for which the person has not offered himself or herself voluntarily. 17c _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17b ILO Forced Labour (Supplementary Measures) Recommendation, 2014. 17c The ILO definition of forced labour according to the ILO Forced Labour Convention, 19230 (No. 29), What is forced labour, modern slavery and human trafficking ~~(Forced labour, modern slavery and human trafficking) (ilo.org).~~

Amendment 29 #

Proposal for a regulation
Recital 1

(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 The ILO indicators used to investigate and identify cases of forced labour are abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, retention of identity documents, withholding of wages, debt bondages, abusive working and living conditions and excessive overtime.18a _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org). 18a https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- declaration/documents/publication/wcms_ 203832.pdf

Amendment 30 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Women and girls make up to 11.8 million of the total in forced labour. More than 3.3 million of all those in forced labour are children. Between 2016 and 2021 the estimated number of people in forced labour increased by 2.7 million18a.Vulnerable and marginalised groups in a society, such as women, children, ethnic minorities, persons with disabilities, lower casters, indigenous and tribal people, migrants, especially if they are undocumented, with a precarious status and in the informal economy, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. Unfair purchasing practices by economic operators can lead to labour rights violation in the value chain, especially in the field of agriculture, fisheries, textile, road transport and logistics, mainly in third countries involved in trading relations with the EU. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf. 18a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

Amendment 31 #

Abir AL-SAHLANI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.~~18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not~~ The vast majority of forced labour cases was estimated to be imposed by private actors, in particular through forced labour exploitation (17.3 million people). This implies that notwithstanding the severity of state imposed, forced labour ~~is often a consequence of a lack of good governance of certain economic operators~~, the main problem lies within the private sector which accounts for 86% of all forced labour cases.18Therefore this Regulation must address economic operators in a way that clarifies what is expected from them, by laying out predictable and clear legislation. At the same time, economic operators who do not comply with this Regulation and continue to benefit from forced labour must be held responsible. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

Amendment 32 #

Lívia JÁRÓKA

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18 ~~Vulnerable and marginalised groups in a society~~People living in poverty and extreme poverty on the margins of society, vulnerable and marginalised groups and other protected communities and groups, such as persons with disabilities, children, minors, women and the elderly and those with different ethnic and cultural backgrounds and disadvantages, such as the Roma, are particularly susceptible to be pressured into performing forced labour. ~~Even when it is not state imposed, f~~Forced labour is very often ~~a consequence of a lack of good governance of certain economic operators.~~ linked to poverty, exclusion, cases of discrimination and various other forms of discrimination, particularly if exacted in the private sector. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 33 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society, such as women, children, migrants, undocumented or informal economy workers, indigenous peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is ~~often~~ultimately a consequence of a lack of ~~good governance~~regulation of certain economic operators and insufficient enforcement of rights and social protection of such vulnerable and marginalised groups. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 34 #

Proposal for a regulation
Recital 2

Amendment 35 #

Abir AL-SAHLANI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 2 a (new)

(2a) The Office of the UN High Commissioner for Human Rights (OHCHR) concluded that the People's Republic of China has committed 'serious human rights violations' against the Uyghur and 'other predominantly Muslim communities' in what the PRC refers to as the Xinjiang Uyghur Autonomous Region (XUAR). This includes 'torture, sexual violence, ill-treatment, forced medical treatment, as well as forced labour and reports of deaths in custody' committed in camps and other detention facilities.

Amendment 36 #

Proposal for a regulation
Recital 2 a (new)

(2a) Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators and a demonstration of a state's failure to handle this type of economic operators.

Amendment 37 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 2 b (new)

(2b) The ILO Convention No. 29 as well as follow-up reports by the ILO Committee of Experts19aand the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)19baddress the use of prison labour. The ILO states that prison labour is not incompatible per se with its Conventions, but that additional requirements are needed for this type of work. For it to be considered work of free consent, prison labour should approximate the conditions of a free labour relationship, regarding inter alia wages, safety and health measures and daily working hours. In addition, the work should be undertaken voluntarily without threat of menace or penalty. It is therefore absolutely imperative that where states engage prisoners in work, this must be done on a voluntary basis for the benefit of the prisoner. _________________ 19a General Survey on Forced Labour, ILO Committee of Experts, 2007: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- relconf/documents/meetingdocument/wcm s_089199.pdf 19b The United Nations Standard Minimum Rules for the Treatment of Prisoners: https://www.unodc.org/documents/justice- and-prison- reform/Nelson_Mandela_Rules-E- ebook.pdf

Amendment 38 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 2 c (new)

(2c) Where states use community work as an alternative penal sanction to imprisonment, it should always be work that is useful and in the general interest of society as a whole. Such work is normally undertaken for the State or its administrative authorities.19cIt must also ensure dignity and respect for human life for the convicted person and should be proportionate to the national minimum age of criminal responsibility. It shall in no way be used as a means to degrade the convicted person or deprive the person of their dignity. If the State uses community work for this purpose, it should be deemed forced labour. _________________ 19c General Survey on Forced Labour, ILO Committee of Experts, 2007: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- relconf/documents/meetingdocument/wcm s_089199.pdf

Amendment 39 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union that stems inter alia from its principles and international human rights commitments. Respect for human dignity and the universality and indivisibility of human rights are also firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour especially regarding the practices of People´s Republic of China (PRC).19aIt is therefore not only a matter of market distortion but also a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece. 19a See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu),

Amendment 40 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5~~(2)~~ of the Charter of Fundamental Rights of the European Union ~~and~~explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19Article 31 of the Charter of Fundamental Rights of the European Union recognizes the right of every worker to fair and just working conditions, which respect his or her health, safety and dignity. The right to an effective remedy and to a fair trial is laid down in Article 47 thereof. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 41 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5~~(2)~~ of the Charter of Fundamental Rights of the European Union ~~and~~prohibits slavery, servitude, forced or compulsory labour and human trafficking. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 31 of the Charter of Fundamental Rights recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 42 #

Proposal for a regulation
Recital 3

(3) The European Union is a global leader on responsible business conduct and business and human rights. The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 43 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI

Proposal for a regulation
Recital 4

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. However, several Member States have not ratified the Protocol to ILO Convention no. 29 as called for in Council Decision (EU) 2015/2071 in regards to criminal matters and in Council Decision (EU) 2015/2037 in regards to social policy. For the purpose of this Regulation, which seeks to prevent and eliminate forced labour, those Member States should ratify and implement the Protocol without further delay. _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.

Amendment 44 #

Proposal for a regulation
Recital 4

(4) All Member States have ratified the original fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO, while some Member States have not yet ratified the 2014 Protocol to Convention No. 29, which guarantees victims protection and access to appropriate and effective remedies, such as compensation. According to the ILO, remediation remains one of the key policy priorities for addressing forced labour21a. _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 21a ILO Global Estimates of modern slavery: forced labour and forced marriage, 2022.

Amendment 45 #

Proposal for a regulation
Recital 4

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. Nevertheless, the ILO estimates that there are 880 000 forced labour victims in the EU - in addition to the forced labour involved inter alia in the EU’s imports from the rest of the world.20a _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 20a ILO 2012 Global Estimate of Forced Labour: https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/genericdocument/wc ms_184975.pdf

Amendment 46 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union. This is crucial since forced labour exists in every region of the world. ILO estimates that the highest number of people in forced labour are in Asia in Pacific region, followed by the region of Europe and Central Asia. Meanwhile, this estimate is largely driven by the size of the population in those regions. When calculating forced labour as proportion of the population, the highest number is in the MENA region21awith an estimated 5.3 cases per thousand people.21b _________________ 21a Covers the following countries and territories: Bahrain, Iraq, Jordan, Kuwait, Lebanon, Occupied Palestinian Territory, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen. 21b ILO 2021 Global Estimates of Modern Slavery: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf

Amendment 47 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place neither in the value chains of undertakings established ~~in the Un~~, nor in goods and services that are to be made available on the Union market or to be exported. Any due diligence of the economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation.

Amendment 48 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union ~~seeks~~must intensify its effort to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the ~~value~~supply chains of undertakings established in the Union. Prevention and elimination of forced labour including child labour should also be a prerequisite of Union´s external commercial and economic relations.

Amendment 49 #

Proposal for a regulation
Recital 5

Amendment 50 #

Abir AL-SAHLANI, Sylvie BRUNET, Max ORVILLE

Proposal for a regulation
Recital 5 a (new)

(5a) This Regulation creates an additional economic instrument to prevent and eliminate forced labour worldwide by prohibiting products made with forced labour. In addition to these economic instruments, the Union has existing complementary frameworks to fulfil its obligations to uphold human dignity of every human being and address the root causes of forced labour, including child labour.

Amendment 51 #

Proposal for a regulation
Recital 17

(17) The ~~prohibition~~marketing ban, which enables the prohibition of import and export of products and services made with forced labour, should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 The Commission should support the efforts to eradicate forced labour by providing a database, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organisations. The database should provide regularly updated and verifiable information on forced labour risks in specific geographic areas where the existence of forced labour is known. Economic operators who continue trade with those regions should be able to prove that their business partners in those regions do not use forced labour. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.

Amendment 52 #

Proposal for a regulation
Recital 17

(17) The prohibition should contribute to the international efforts to abolish forced labour. To this end, any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and, where relevant, to be informed of the outcome of the assessment of their submission. In order to facilitate exchange of information between relevant authorities as well as submission of information, the Commission shall ensure the creation of a dedicated online platform with a singular format in all working languages of the Union. The definition of ‘forced labour’ should ~~therefore~~ be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.

Amendment 53 #

Proposal for a regulation
Recital 17

(17) The prohibition of products and services for which forced labour has been used should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31It should be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.

Amendment 54 #

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national and European labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings, in such a way as to avoid jeopardising investigations by such authorities as well as to prevent multiple investigations of similar facts.

Amendment 55 #

Proposal for a regulation
Recital 19 a (new)

(19a) The national authorities take into account coordination with the proposal for a European Directive on corporate sustainability due diligence (CS3D) in order to respect the ‘non bis in idem’ principle.

Amendment 56 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities, having granted reasonable time to economic operators while taking into account their size and economic resources, should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified ~~and~~, addressed and, if applicable, removed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 57 #

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the ~~value~~supply chain where there is a higher risk of forced labour with respect to the products under investigation, taking into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 58 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from as well as the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 59 #

Carmen AVRAM, Brando BENIFEI, Agnes JONGERIUS, Daniela RONDINELLI, Milan BRGLEZ, João ALBUQUERQUE, Evelyn REGNER, Gabriele BISCHOFF, Lina GÁLVEZ MUÑOZ, Marianne VIND, Estrella DURÁ FERRANDIS, Adriana MALDONADO LÓPEZ, Klára DOBREV, Elisabetta GUALMINI, Alicia HOMS GINEL

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) ‘forced labour’ means ~~forced or compulsory labour as defined in~~all work or service exacted from any person under threat of a penalty and for which the person has not offered himself or herself voluntarily in accordance with Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour;

Amendment 60 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as ~~described in~~a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; - as a method of mobilising and using labour for purposes of economic development; - as a means of labour discipline; - as a punishment for having participated in strikes; or - as a means of racial, social, national or religious discrimination, in accordance with Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;

Amendment 61 #

(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes the punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as punishment for participation in strikes, or as a means of racial, religious or other discrimination;

Amendment 62 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement throughout its supply chain mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour with respect to products that are to be made available on the Union market or to be exported; To avoid double investigation of products, the Commission is empowered to supplement this Regulation by delegated acts adopted in accordance with Article 27 by determining the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation, where otherwise the same aspect of due diligence in relation to forced labour would be assessed in parallel under this Regulation and other Union law.

Amendment 63 #

Abir AL-SAHLANI

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operators to identify and assess risks in their supply chains and prevent and address those risks by implementing mandatory requirements, in accordance with relevant Union legislation and voluntary guidelines, recommendations or practices ~~to identify, prevent, mitigate or bring to an end~~from international standards in order to eradicate the use of forced labour with respect to products and services that are to be made available on the Union market or to be exported;

Amendment 64 #

Abir AL-SAHLANI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 2 – paragraph 1 – point c

Amendment 65 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to i~~mplement mandatory requi~~dentify, premvents, ~~voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour~~bring to an end and remediate forced labour in its operations and value chain, with respect to its products and services that are to be made available on the Union market or to be exported, whereby brining to an end forced labour does not mean disengagement as first resort;

Amendment 66 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) ‘vulnerable stakeholders’ means affected stakeholders that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others, sex, gender, age, race, ethnicity, class, caste, education, indigenous peoples, migration status, disability, as well as social and economic status, and includes stakeholders living in conflict- affected and high risk areas, which are the causes of diverse and often disproportionate adverse impacts, and create discrimination and additional barriers to participation and access to justice;

Amendment 67 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) 'Meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples.

Amendment 68 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘economic operator’ means any natural or legal person, including online intermediation platforms, or association of persons who is placing or making available products on the Union market or exporting products;

Amendment 69 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘chain of activities’ means activities related to the production and supply of goods or provision of services by a company, activities of direct and indirect business partners that design, extract, manufacture, transport, store and supply raw materials and eliminate products through the recycling or composting of products or parts of products, or that provide services to the company that are necessary to carry out the company’s activities;

Amendment 70 #

Proposal for a regulation
Article 4

~~[...]~~deleted

Amendment 71 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from as well as the size and economic resources of the economic operators, the quantity of products concerned, a~~s well as~~nd the scale of suspected forced labour.

Amendment 72 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 73 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations with respect to actions taken in order to identify, prevent, mitigate or bring to an end risks of forced labour in their supply chains taking into account the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from;

Amendment 74 #

Abir AL-SAHLANI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; in particular the social partners;

Amendment 75 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as the social partners;

Amendment 76 #

Proposal for a regulation
Article 4 – paragraph 3 – point d

(d) any other due diligence in relation to forced labour, such as work initiated by professional organisations.

Amendment 77 #

Proposal for a regulation
Article 4 – paragraph 3 – point d

(d) any other due diligence in relation to forced labour applicable to the economic operator's sector of activity.

Amendment 78 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. As part of their investigations, national authorities shall consider the size and capacity of the economic operators questioned.

Amendment 79 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request, or 30 days for micro-enterprises and SMEs. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 80 #

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour in a reasonable period of time.

Amendment 81 #

Proposal for a regulation
Article 5 – paragraph 1

1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. They shall check in advance that an investigation of the same facts has not already been launched in another Member State.

Amendment 82 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, ~~as well as~~ the scale of suspected forced labour as well as the geographical area from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from.

Amendment 83 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3a. The micro-enterprises and SMEs concerned shall provide the competent authorities with the relevant information relating to the first tier of their supply chain.

Amendment 84 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 85 #

Proposal for a regulation
Article 6 – paragraph 2

2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible, for reasons attributable to the economic operator, to gather information and evidence pursuant to Article 5(3) or (6).

Amendment 86 #

Proposal for a regulation
Article 6 – paragraph 4 – point b

(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market, as of the date the order is in force, the relevant products that have already been placed or made available on the market;

Amendment 87 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products still in their possession, in accordance with national law consistent with Union law.

Amendment 88 #

Proposal for a regulation
Article 6 – paragraph 5 – introductory part

5. ~~Where an economic operator has failed to comply with the decision referred to in paragraph 4~~In any case, the competent authorities shall ensure all of the following:

Amendment 89 #

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any concerned product remaining with the economic operator concerned is disposed of in accordance with national law consistent with Union law at the expense of the economic operator.

Amendment 90 #

Proposal for a regulation
Article 7 – paragraph 1 – point d

(d) ~~where available and applicable,~~ information required under customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013.

Amendment 91 #

Proposal for a regulation
Article 10 a (new)

Article10a Remediation Member States shall in consultation with relevant stakeholders, including the social partners, establish mechanisms for effective remediation to victims whenever violations of Article 3 fall within their territory and/or jurisdiction.

Amendment 92 #

Carmen AVRAM, Brando BENIFEI, Agnes JONGERIUS, Daniela RONDINELLI, Milan BRGLEZ

Proposal for a regulation
Article 11 – title

11 Database of forced labour risk ~~areas or product~~s

Amendment 93 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable ~~and~~, regularly updated and publically accessible database of forced labour risks in specific geographic areas, production sites, sectors or with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. This database shall be easily accessible. The Commission, after consultation with competent authorities, trade unions and other stakeholders, may presume that products or services originating from countries or regions with systematic and wide spread forced labour practices, as identified by the Commission, or from countries and regions listed in the database, were manufactured or provided using forced labour. It shall be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. The database shall include an archive of previous decisions.

Amendment 94 #

Abir AL-SAHLANI, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marie-Pierre VEDRENNE, Max ORVILLE

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database, accessible to persons with disabilities, of forced labour risks in specific geographic areas from which the product or any of its part at any stage of its extraction, harvest, production or manufacture including working or processing related to it originates from or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), ~~and relevant external sources of information from, amongst others, international organisations and third country authorities.~~ which should be comprehensive and issued without delay, at the latest 6 months after the entry into force of this regulation, and relevant external sources of information from, amongst others, international organisations and third country authorities, especially states of the European Free Trade Association, countries participating in the internal market or candidate countries. The Commission shall ensure the necessary technical support to economic operators to facilitate the use of the database and take measures to avoid any unnecessary administrative burden in the operation of the database;

Amendment 95 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall ~~call upon external expertise to provide~~provide, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organizations, an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products or services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities and it should pay particular attention to the presence of vulnerable stakeholders in the specific product or service. Information listed in the database shall be evidence-based. When an economic operator trades with geographic areas listed in this database as high-risk of forced labour, the economic operator must be able to prove that no forced labour has been used.

Amendment 96 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 97 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide a~~n indicative, non-exhaustiv~~ reliable, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to sectors or specific products, including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and authorities or official representatives or embassies in third countr~~y authorit~~ies.

Amendment 98 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall ~~call upon external expertise to~~ provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities.

Amendment 99 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise ~~at the latest 24 months~~immediately after the entry into force of this Regulation. The database must be clear, transparent and accessible in order to enable economic operators, and in particular micro- enterprises and SMEs, to base their due diligence on these data.

source: 746.935

2023/06/01 PECH 81 amendments...

Amendment 100 #

Proposal for a regulation
Recital 45

Amendment 101 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘forced labour imposed by state authorities’ means the use of forced labour: - as ~~described in~~a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; - as a method of mobilising and using labour for purposes of economic development; - as a means of labour discipline; - as a punishment for having participated in strikes;or - as a means of racial, social, national or religious discrimination, in accordance with Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization;

Amendment 102 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by an economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, ~~mitigate or~~ bring to an end ~~the use of~~and remediate forced labour in its operations and value chain, with respect to its products and services that are to be made available on the Union market or to be exported, whereby bringing to an end forced labour does not mean disengagement as first resort;

Amendment 103 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘'product’' means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, packaged, transported or distributed, including working or processing related to a product at any stage of its supply chain;

Amendment 104 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, packaging, transport or distribution, including working or processing related to a product at any stage of its supply chain;

Amendment 105 #

Proposal for a regulation
Article 2 – paragraph 1 – point j

(j) ‘producer’ means the producer of agricultural and fisheries products as referred to in Article 38(1) TFEU or of raw materials;

Amendment 106 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’' means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, packs, transports or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 107 #

Proposal for a regulation
Article 3 – paragraph 1

Economic operators shall not place or make available on the Union market products that are made with forced labour, coming from IUU fishing, nor shall they export such products.

Amendment 108 #

Proposal for a regulation
Article 4

~~[...]~~deleted

Amendment 109 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur, the nature and working conditions of the sector concerned, and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 110 #

Amendment 111 #

Proposal for a regulation
Article 4 – paragraph 3 – point c

Amendment 112 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 113 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and provides remediation.

Amendment 114 #

Proposal for a regulation
Article 4 – paragraph 7 a (new)

7a. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by providing further details on the risk- based approach Member States has to use pursuant to paragraph 1 of this Article. Such delegated acts shall further complement the work done by the Network in accrodance with Article 24, especially in relation to ensuring the effective and uniform application of this Regulation.

Amendment 115 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. The competent authorities may request information from third countries on fisheries issues where they have reasonable grounds for suspecting that products from forced labour are being introduced.

Amendment 116 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 117 #

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6a. Competent authorities may ask diplomatic representations of the Union in relevant third countries to provide information and support.

Amendment 118 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a ~~reasonable period of time from~~month of the date they initiated the investigation pursuant to Article 5(1).

Amendment 119 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within ~~a reasonable period of time~~30 working days from the date they initiated the investigation pursuant to Article 5(1).

Amendment 120 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to donate the products concerned to charitable organisations or organisations that benefit public interest or where donation is not possible, recycle the products concerned or when neither of these two options are possible, dispose of the respective products in accordance with national law consistent with Union law.

Amendment 121 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to dis~~pose of the respective products~~tribute these products to charity. If distribution of these products is not possible, they must be wholly or partially recycled or, as a last resort, disposed of in accordance with national lawegislation consistent with EU~~nion~~ law.

Amendment 122 #

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is donated the products concerned to charitable organisations or organisations that benefit public interest or where donation is not possible, recycle the products concerned or when neither of these two options are possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.

Amendment 123 #

Izaskun BILBAO BARANDICA, Asger CHRISTENSEN

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is distributed to charity. If this product cannot be distributed, it must be wholly or partially recycled or, as a last resort, disposed of in accordance with national lawegislation consistent with ~~Union law at the expense of the economic operator~~EU law.

Amendment 124 #

Proposal for a regulation
Article 8 – paragraph 1

1. Competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. ~~In case of perishable goods, animals and plants, that time limit shall be 5 working days.~~ The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

Amendment 125 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. That mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.

Amendment 126 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 10 – paragraph 1 b (new)

1b. In order to ensure uniform conditions for the submission of information, the Commission shall adopt implementing acts establishing templates for the submission of information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29.

Amendment 127 #

Proposal for a regulation
Article 11 – title

Database of forced labour risk ~~areas or product~~s

Amendment 128 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 11 – paragraph 1

Amendment 129 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 130 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 131 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. Primary sources, for instance, EU fishers bearing witness to forced labour outside EU waters, need to be allowed to provide their first-hand experience to the database and Network in a safe and respectful environment with any processing of personal data carried out per Regulation (EU) 2016/679 and Regulation (EU) 2018/1725

Amendment 132 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 11 – paragraph 1 b (new)

1b. Encourages the Common Security and Defence Policy Missions, such as EUNAVFOR ATALANTA, to report without delay any vessel suspected of forced labour to the database and local authorities, and to continue preventing, deterring and combatting Illegal, Unregulated and Unreported (IUU) fishing.

Amendment 133 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States as well as with non-cooperating third countries through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation.

Amendment 134 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. The Commission shall seek to ensure effective cooperation with third- country authorities with a view to creating an effective network for the effective control, identification and eradication of violations bearing the hallmarks of forced labour.

Amendment 135 #

Proposal for a regulation
Article 17 – paragraph 1

Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the competent Member State of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).

Amendment 136 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is distributed to charity. If these products cannot be distributed, they must be wholly or partially recycled or, as a last resort, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 137 #

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 138 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD

Proposal for a regulation
Chapter III a (new)

IIIa Chapter IIIa Non-cooperating third countries Article 21a Identification of non-cooperating third countries 1.The Commission, in accordance with the procedure referred to in Article 29(2), shall identify the third countries that it considers as non-cooperating third countries in fighting the use of forced labour. 2.The identification set out in paragraph 1 shall be based on the review of all information obtained pursuant to Chapters II and III, or, as appropriate, any other relevant information, such as trade information obtained from national statistics and other reliable sources. 3.A third country may be identified as a non-cooperating third country if it fails to discharge the duties incumbent upon it under international law to take action to prevent, deter and eliminate the use of forced labour. 4.For the purposes of paragraph 3, the Commission shall take into account: (a) whether the third country concerned effectively cooperates with the Community, by providing a response to requests made by the Commission to investigate, provide feedback or follow-up in matters concerning the use of forced labour; (b) whether the third country concerned has taken effective enforcement measures in respect of the economic activity found responsible for the use of forced labour, and in particular whether sanctions of sufficient severity to deprive the offenders of the benefits accruing from the use of forced labour have been applied; (c) the history, nature, circumstances, extent and gravity of the manifestations of forced labour considered; (d) relevant information that the Commission has gathered under Regulation (EC) No 1005/2008; (e) for developing countries, the existing capacity of their competent authorities. 5.For the purposes of paragraph 3, the Commission shall also consider the following elements: (a) the ratification of, or accession of the third countries concerned to, international instruments, relevant for combating the use of forced labour and in particular relevant conventions of the International Labour Organisation (ILO); (b) any act or omission by the third country concerned that may have diminished the effectiveness of applicable laws, regulations or international conservation concerning combating the use of forced labour. 6.Where appropriate, specific constraints of developing countries, in particular in respect to monitoring, control and surveillance, shall be duly taken into consideration in the implementation of this Article. Article 21b Démarches in respect of countries identified as non-cooperating third countries 1.The Commission shall, without delay, notify countries concerned of the possibility of being identified as non- cooperating third countries in accordance with the criteria laid down in Article 21a.It shall include in the notification the following information: (a) the reason or reasons for the identification with all available supporting evidence; (b) the opportunity to respond to the Commission in writing with regard to the identification decision and other relevant information, for example, evidence refuting the identification or, where appropriate, a plan of action to improve and the measures taken to rectify the situation; (c) the right to ask for, or to provide, additional information; (d) the consequences of its identification as non-cooperating third country, as provided in Article 21f. 2.The Commission shall also include in the notification referred to in paragraph 1 a request that the third country concerned take any necessary measures for the cessation of the activities having been identified to be using forced labour and the prevention of any future such activities, and rectify any act or omission referred to in Article 21a(5)(b). 3.The Commission shall, by more than one means of communication, transmit its notification and request to the third country concerned.The Commission shall seek to obtain confirmation from that country that it has received the notification. 4.The Commission shall give to the third country concerned adequate time to answer the notification and a reasonable time to remedy the situation. Article 21c Establishment of a list of non-cooperating third countries 1.The Council, acting by qualified majority on a proposal from the Commission, shall decide on a list of non- cooperating third countries. 2.The Commission shall, without delay, notify the third country concerned of its identification as a non-cooperating third country and of the measures applied in accordance with Article 21f, and shall request it to rectify the current situation and to advise on the measures taken to ensure compliance with conservation and international obligations in relation to combating the use of forced labour. 3.Following a decision taken pursuant to paragraph 1 of this Article, the Commission shall, without delay, notify it to the Member States and shall request them to ensure the immediate implementation of the measures laid down in Article 21f.Member States shall notify the Commission of any measures they have taken in response to this request. Article 21d Removal from the list of non-cooperating third countries 1.The Council, acting by qualified majority on a proposal from the Commission, shall remove a third country from the list of non-cooperating third countries if the third country concerned demonstrates that the situation that warranted its listing has been rectified.A removal decision shall also take into consideration whether the identified third countries concerned have taken concrete measures capable of achieving a lasting improvement of the situation. 2.Following a decision taken pursuant to paragraph 1 of this Article, the Commission shall, without delay, notify Member States of the lifting of the measures laid down in Article 21f in respect of the third country concerned. Article 21e Publicity of the list of non-cooperating third countries The Commission shall publish the list of non-cooperating third countries in the Official Journal of the European Union and take any measure necessary to ensure publicity of this list, including placing it on its website.The Commission shall regularly update the list and shall provide for a system to automatically notify updates to Member States and any member of the civil society that should so request.Furthermore, the Commission shall transmit the list of non-cooperating third countries to relevant international organisations for the purposes of enhancing cooperation between the Union and those organisations aimed at preventing, deterring and eliminating the use of forced labour. Article 21f Action in respect of non-cooperating third countries The importation into the Union of products from the non-cooperating third country shall be prohibited. In the event that the identification of a non- cooperating third country pursuant to Article 21a is justified by the lack of appropriate measures adopted by this third country in relation to preventing, deterring and eliminating the use of forced labour affecting specific types of products, products from a specific supplier or region the prohibition of importation may only apply in relation to these products;

Amendment 139 #

Proposal for a regulation
Article 22 – paragraph 1

1. For the purposes of Chapters II and III, competent authorities shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The Commission, competent authorities in the Member States and customs authorities shall have access to that system for the purposes of this Regulation.

Amendment 140 #

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, clear benchmarks, definition of hot spots, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 141 #

Proposal for a regulation
Article 23 a (new)

Article23a Analysis of the subsectors: for fishieries it would be the supply chain, catching, processing and marketing.

Amendment 142 #

Proposal for a regulation
Article 24 – title

Union Network Against Forced Labour ~~Products~~

Amendment 143 #

Proposal for a regulation
Article 24 – paragraph 1

Amendment 144 #

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour ~~Products~~ (‘the Network’) is established. The Network shall be lead by the European Commission and shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Amendment 145 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities, as well as representatives from third countries, economic operators, civil society organisations, or social partners - such as trade unions - following a comprehensive pre-screening of financial transparency, of which information should be made publicly available succeeding clearance.

Amendment 146 #

Proposal for a regulation
Article 24 – paragraph 3 – point e a (new)

(ea) ensure good collaboration and exchange of information with authorities involved in implementing rules in relation to IUU-fishing and traceability for fisheries- and aquaculture products.

Amendment 147 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 148 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 149 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Amendment 150 #

Proposal for a regulation
Article 30 a (new)

Article30a Review 1. By [five years after the date of application] and every five years thereafter, the Commission shall carry out an evaluation of this Regulation taking account of its objectives and shall submit a report thereon to the European Parliament and to the Council. 2. The report shall assess whether this Regulation achieved its objective, in particular with regard to reducing the number of products on the Union market made with forced labour , improving cooperation between competent authorities and strengthening the controls on products entering the Union market and the synergies with other Union legislations, such as Regulation (EC) No 1005/2008, Regulation (EC) No 1224/2009 and Regulation (EU) No 1379/2013, while taking into account the impact on business, in particular on SMEs. 3. The report shall be accompanied, where appropriate, by a legislative proposal. 4. The Commission shall continuously monitor the implementation of this Regulation. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by stakeholders

Amendment 70 #

Proposal for a regulation
Recital 1

Amendment 71 #

Proposal for a regulation
Recital 1

Amendment 72 #

Proposal for a regulation
Recital 1 a (new)

(1a) Article 2 of Regulation (EU) 1380/2013 requires, inter alia, fishing activities to be managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, as well as to ensure a level- playing field and a culture of compliance within the Union. Fishing activities conducted with the use of forced labour undermine the achievement of these CFP objectives. In addition, they contribute to creating unfair competition among operators, in particular due to lower costs resulting from the use of social sub- standards, and increase the risk of fishery products made with such exploitative practices entering the EU market. For those reasons, fisheries control rules should be strengthened to provide for effective, dissuasive and proportionate penalties, including the attribution of points, against those committing fishing activities with the use of forced labour.

Amendment 73 #

Proposal for a regulation
Recital 1 b (new)

(1b) Illegal, unreported and unregulated fishing (IUU fishing) oftenly contributes to the perpetuation of forced labour;

Amendment 74 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18. Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. In addition, forced labour is in many cases carried out in a context of mobility and constant movement, in remote locations, including at sea, in rapidly and abruptly changing conditions, and in conditions of isolation or imprisonment, which significantly increases the risk of violations of workers' rights. Due to lack of access to medical care, highly risky working conditions, long working hours, lack of sleep and rest, noise, inability to provide medical care in case of accident or illness, lack of regulatory oversight and transparency, unclear recruitment systems, performing work in unregistered locations, including on unregistered vessels, poor condition of work equipment, and forced labour, particularly in sectors such as agriculture, including slaughtering, processing and fishing, result in a high susceptibility to illness, physical injury and a high rate of fatal workplace accidents. As cases of forced labour largely affect the productive sector, including agriculture, fishing and processing, there is a significant risk of products made using forced labour appearing on food markets. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 75 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. ~~The European Court of Human Rights has repeatedly interpreted Article 4 of~~An interpretation to this effect has been provided by the European Court of Human Rights in the relevant case-law, which addresses issues of prior consent and voluntariness1a. In addition, the European Co~~nvention~~urt onf Human Rights has r~~equiring~~uled that Member States musto penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19. _________________ 1a https://www.echr.coe.int/Documents/FS_ Forced_labour_ENG.pdf 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 76 #

Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 3 a (new)

(3a) According to the International Labour Organization (ILO), forced labour affects 128,000 fishers worldwide, although the number of unreported cases is likely to be much higher due to the challenges of recording in the fisheries sector. Unfortunately, only eight Member States have ratified the ILO Convention C188 - “Work in Fishing Convention (2007), it is therefore advised that the remaining nineteen Member States ratify as soon as possible.

Amendment 77 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Recital 4

(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20, while some of them have not yet ratified the 2014 Protocol to Convention No. 29, which guarantees victims protection and access to appropriate and effective remedies, such as compensation.They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.

Amendment 78 #

Proposal for a regulation
Recital 6 a (new)

(6a) Fisheries Agreements with third countries are an essential instrument to guarantee the working conditions of third-country workers in the European fleet.

Amendment 79 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Recital 6 b (new)

(6b) Forced labour in non-cooperating countries is sometimes linked to IUU fishing, which is why the fight against IUU fishing is essential to eliminate forced labour.

Amendment 80 #

Proposal for a regulation
Recital 13

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30. It is therefore a matter of public moral concern that products made with forced labour could be available on the Union market or exported to third countries without an effective mechanism to ban or withdraw such products, bearing in mind that cases of forced labour affect, inter alia, sectors such as agriculture, processing, fishing and transport, from which final products reach food markets characterised by a significant scale of consumption. _________________ 30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).

Amendment 81 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest ~~and~~, extraction, packaging, transportation or distribution, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 82 #

Izaskun BILBAO BARANDICA, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Recital 17

(17) The ~~prohibition~~import and export ban of products and services should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.

Amendment 83 #

Proposal for a regulation
Recital 18 a (new)

(18a) The Commission should analyse the situation of non-cooperating countries in the fisheries sector and its impact on the European sector.

Amendment 84 #

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, gender equality, workers' rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 85 #

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States and the European Commission should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 86 #

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, competent authorities ~~should grant reasonable time~~and the European Comission should grant 30 working days to economic operators to identify, ~~mitigate,~~ prevent and bring to an end the risk of forced labour.

Amendment 87 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to ~~mitigate,~~ prevent or, bring to an end ~~risks of~~and remediate forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that ~~mitigates,~~ prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 88 #

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account the nature and working conditions of the sector in question, as well as their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 89 #

Proposal for a regulation
Recital 24

(24) ~~During the preliminary phase of investigation, competent authorities~~Competent authorities and the European Commission should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products or services under investigation, also taking into account their size and economic resources, the quantity of products or services concerned and the scale of the suspected forced labour.

Amendment 90 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products and services concerned, as well as the scale of suspected forced labour.

Amendment 91 #

Proposal for a regulation
Recital 26

(26) Competent authorities and the European Commission should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation~~, including its preliminary phase~~. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation. When the products and services originate from high-risk areas, as established in the database, the economic operators should bear the burden of proof that forced labour has not been used at any stage of the value chain.

Amendment 92 #

Proposal for a regulation
Recital 26

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or, extraction, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 93 #

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and ~~have them~~distribute the products to charity. If such products cannot be distributed, they should be wholly or partially recycled or, as a last resort, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 94 #

Proposal for a regulation
Recital 27

(27) CWhen competent authorities ~~that~~and the European Commission establish that economic operators violated the prohibition, they should without delay prohibit the placing and making available of such products or services on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwis. These products should be made available in the interest of charitable organisations, that benefits public interests, or should be recycled and ultimately, if none of the above work, should be disposed of, in accordance with national law consistent with Union law, including Union legislation on waste management, following a cascading principle.

Amendment 95 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are distributed to charity. If this product cannot be distributed, it should be wholly or partially recycled or, as a last resort, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management, at the expense of the economic operators.

Amendment 96 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators ~~are destroyed, rendered inoperable, or otherwis~~should be made available in the interest of charitable organisations, that benefits public interests, or should be recycled and ultimately, if none of the above work, should be disposed of, in accordance with national law consistent with Union law, including Union legislation on waste management ~~at the expense of the economic operators~~, following a cascading principle.

Amendment 97 #

Proposal for a regulation
Recital 35

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers, including the original supplier directly performing the harvesting, catching, extraction or equivalent operation, as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and all the product suppliers, including the original supplier where there is more than one actor in the supply chain, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established, the number or other equivalent details of the facility or unit, including vessels, by means of which the harvesting, catching, extraction or other equivalent operation took place and, where available, their Economic Operators Registration and Identification (EORI) number, and, in the case of vessels, the flag of the vessel and the identity of the operator. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain.

Amendment 98 #

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be distributed to charity. If this product cannot be distributed, it should be wholly or partially recycled or, as a last resort, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods..

Amendment 99 #

Proposal for a regulation
Recital 44

source: 749.251

2023/06/09 INTA, IMCO 508 amendments...

Amendment 102 #

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set~~The European Parliament calls on the Commission to conduct an impact assessment which should assess, at least the coherence of this proposal with other requirements and the direct and indirect consequences of such regulation for consumers and companies, in particular its impact on SMEs. The negotiations in the European Parliament should be postponed until the impact assessment has been carried out;.

Amendment 103 #

Proposal for a regulation
Recital 1 a (new)

(1a) Mere difference of wages worldwide is not considered forced labour. Trade, including international trade, plays an independent and positive role in raising average incomes. Compared with businesses that do not trade across borders, exporting companies pay higher-than-average wages to their employees, with low income regions experiencing the strongest increases in wage growth1a. _________________ 1a https://www.oecd- ilibrary.org/docserver/8a34ce38- en.pdf?expires=1685455374&id=id∾cna me=guest✓sum=51DA389067318408C23 B1C22EEAAC669

Amendment 104 #

Proposal for a regulation
Recital 2

Amendment 105 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union ~~and~~explicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings, Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right to effective remedies for violations of fundamental rights is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe, ILO20a and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour. Article 31 of the EU Charter of Fundamental Rights recognizes the right for every worker to fair and just working conditions which respect his or her health, safety and dignity. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece. 20a ILO 2014 Protocol to the Forced Labour Convention, 1930 (Art 4) and ILO Forced Labour (Supplementary Provisions) Recommendation, 2014 (No 203) para 12 ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy para 64-66

Amendment 106 #

Brando BENIFEI

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right to effective remedies for violations of fundamental rights is a human right, and a fundamental element in the process of effective prosecution of crimes. Existing Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe, ILO and the OECD affirm the right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 107 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union which prohibits slavery, servitude, forced or compulsory labour and human trafficking. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. Article 31 of the Charter of Fundamental Rights recognises the right for every worker to fair and just working conditions which respect his or her health, safety and dignity. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 108 #

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour, is recognised in Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 109 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 3

(3) The eradication of forced labour in all its forms, including state imposed forced labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 110 #

Annie SCHREIJER-PIERIK

Proposal for a regulation
Recital 3 a (new)

Amendment 111 #

Proposal for a regulation
Recital 4 a (new)

(4a) Nine Member States have not yet ratified the Protocol to the ILO Convention No. 29 on the access to appropriate and effective remedies which are necessary to safeguard and compensate workers affected by forced labour.

Amendment 112 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. It is inherently linked to the promotion of decent working conditions, such as the right to organise and take collective action, social dialogue, freedom of association, collective bargaining, sustainable business conduct and social protection. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place neither in the value chains of undertakings established ~~in the Union.~~ , nor in goods and services that are to be made available on the Union market or to be exported.

Amendment 113 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives, the Union seeks to eradicate ~~the use of~~ forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union or placing goods on the Union market.

Amendment 114 #

Proposal for a regulation
Recital 5

(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 115 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 5

Amendment 116 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Recital 6

(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement ~~the~~all fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences could be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 117 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 6

(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences c~~ould~~an be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.

Amendment 118 #

Proposal for a regulation
Recital 6 a (new)

(6a) Forced labour has a distinct impact on vulnerable and marginalised groups, such as children, women, migrants, refugees or indigenous peoples, and therefore an intersectional and gender sensitive approach is essential to combat forced labour effectively. This Regulation should therefore aim to achieve the objectives of the ILO Convention 182, Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, the Beijing Declaration, the Global Compact for Safe, Orderly and Regular Migration, the Geneva Convention Relating to the Status of Refugees; the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Convention 169, as well as other relevant international agreements and conventions.

Amendment 119 #

Brando BENIFEI

Proposal for a regulation
Recital 6 a (new)

Amendment 120 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 6 a (new)

(6a) Forced labour has a distinct impacrt on vulnerable and marginalised groups such as children, women, persons with disabilities, migrants, refugees or indigenous people.

Amendment 121 #

Proposal for a regulation
Recital 6 b (new)

(6b) The 2021 EU Strategy on the Rights of the Child foresees that the EU will insist on third countries to update regularly national lists of hazardous occupations children should never be tasked to do. The Durban Call to Action on the Elimination of Child Labour recalls the commitments of UN members to strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons and to increase financing and international cooperation for the elimination of child labour and forced labour. ILO Convention No. 138 requires Member States to create a national policy designed to ensure the effective abolition of child labour.

Amendment 122 #

Proposal for a regulation
Recital 7

Amendment 123 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 8

(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.22 ]

Amendment 124 #

Proposal for a regulation
Recital 8

Amendment 125 #

Proposal for a regulation
Recital 8

(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22 ] Consistency between that Directive and this Regulation should be ensured. _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.

Amendment 126 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 8

(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations, and its subsidiaries ~~and~~ in its value chains, in accordance with international human and labour rights standards and environmental conventions. Th~~ose obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sector~~at Directive also strengthens access to remedy for those affected by such impacts. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.

Amendment 127 #

Proposal for a regulation
Recital 10

(10) Articles [XX] of Directive 2013/34/EU of the European Parliament and of the Council require Member States to ensure that certain economic operators annually publish non-financial statements in which they report on the impact of their activity on environmental, social and employee matters, respect for human rights, including regarding forced labour, anti-corruption and bribery matters.26 [Furthermore, Directive 20XX/XX/EU on Corporate Sustainability Reporting puts forward detailed reporting requirements for covered companies regarding the respect of human rights, including in global supply chains. The information that undertakings disclose about human rights should include, where relevant, information about forced labour in their ~~value~~supply chains.27 ] _________________ 26 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups, OJ 27 Directive 20XX/XX/EU of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting, OJ XX, XX.XX.20XX, p. XX.

Amendment 128 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 10 a (new)

(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.

Amendment 129 #

Proposal for a regulation
Recital 12

Amendment 130 #

Proposal for a regulation
Recital 12 a (new)

(12a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are the core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024.

Amendment 131 #

Proposal for a regulation
Recital 12 b (new)

(12b) As stated in Article 8 of the ILO Worst Forms of Child Labour Convention (N. 182), State Parties shall take appropriate steps to assist one another in giving effect to the provisions of that Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.

Amendment 132 #

Proposal for a regulation
Recital 13

(13) The European Parliament in its resolutions strongly condemned forced labour and called for a ban on products made with forced labour.30It is therefore a matter of public moral concern that products made with forced labour could be available on the Union market , easily accessible on online marketplaces,or exported to third countries without an effective mechanism to ban or withdraw such products. _________________ 30 See Resolutions: MOTION FOR A RESOLUTION on a new trade instrument to ban products made by forced labour (europa.eu), Texts adopted - Forced labour and the situation of the Uyghurs in the Xinjiang Uyghur Autonomous Region - Thursday, 17 December 2020 (europa.eu), Texts adopted - Forced labour in the Linglong factory and environmental protests in Serbia - Thursday, 16 December 2021 (europa.eu).

Amendment 133 #

Proposal for a regulation
Recital 14

(14) To complete the Union legislative and policy framework on forced labour, the placing and making available on the Union market products or services made with forced labour or exporting domestically produced or imported products or services made with forced labour should be prohibited and it should be ensured that those products and services are withdrawn from the Union market.

Amendment 134 #

Proposal for a regulation
Recital 15

(15) Currently there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product on the basis of a finding that it was made, whether in whole or in significant parts, with forced labour.

Amendment 135 #

Proposal for a regulation
Recital 15

(15) Currently there is no Union legislation that empowers Member States’ authorities to directly detain, seize, or order the withdrawal of a product or service on the basis of a finding that it was made, whether in whole or in part, with forced labour.

Amendment 136 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. Considering that this is a product based regulation, such prohibition should not apply to services.

Amendment 137 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or processing related to the products as well as to services that involve forced labour. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported. The prohibition should also apply to services.

Amendment 138 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, packaging, transportation, distribution or storage, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 139 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or, processing, storage, packaging, transportation or distribution related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 140 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest ~~and~~, extraction, packaging, transportation or distribution, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 141 #

Proposal for a regulation
Recital 16

(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction~~, including working or processing related to the products~~. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.

Amendment 142 #

Proposal for a regulation
Recital 17 a (new)

(17a) Based on the definition of forced labour specified in ILO Convention No. 29, the ‘ILO Indicators of Forced Labour’ represent the most common signs that point to the possible existence of a forced labour case and should be taken into account when enforcing the prohibition. However, these indicators may be insufficient for the identification of forced labour imposed by state authorities. These practices of forced labour are based on systemic and global coercive policies that require additional, specifically designed indicators.

Amendment 143 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 18

Amendment 144 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 18

Amendment 145 #

Proposal for a regulation
Recital 18

Amendment 146 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER

Proposal for a regulation
Recital 18

(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products or services they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.

Amendment 147 #

Proposal for a regulation
Recital 18

Amendment 148 #

Proposal for a regulation
Recital 18 a (new)

(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.

Amendment 149 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 18 a (new)

(18a) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and, where relevant, to be informed of the outcome of the assessment of their submission. In order to facilitate exchange of information between relevant authorities as well as submission of information, the Commission shall ensure the creation of a dedicated online platform;

Amendment 150 #

(18a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, this Regulation must ensure the provision of effective remedy to affected rightholders.

Amendment 151 #

Proposal for a regulation
Recital 18 b (new)

(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.

Amendment 152 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient human and financial resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, labour rights, gender equality, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 153 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 19

(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, ~~value~~supply chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 154 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 19

(19) ~~The~~A competent authorit~~ies of the Member States~~y should be established at the EU level. This competent authority should monitor the market to identify violations of the prohibition. ~~In appointing thos~~The competent authorit~~ies, Member States should ensure that those authorities~~y should have sufficient resources and ~~that their staff has~~its staff should have the necessary competences and knowledge, especially with regard to human rights, value chain management and due diligence processes. CThe competent authorit~~ies~~y should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.

Amendment 155 #

Proposal for a regulation
Recital 20

Amendment 156 #

Proposal for a regulation
Recital 20

Amendment 157 #

Proposal for a regulation
Recital 20

Amendment 158 #

Proposal for a regulation
Recital 20

(20) In order to increase the effectiveness of the prohibition, the competent authorit~~ies~~y should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.

Amendment 159 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 21

(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition. Before initiating an investigation, competent authorities should be able to request additional information from economic operators under assessment, but also from other relevant stakeholders, including persons or associations having submitted relevant information to competent authorities and any other stakeholder working on the products or regions related to the assessment, as well as from diplomatic representations of the Union in relevant third countries. Substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involvement.

Amendment 160 #

Proposal for a regulation
Recital 21

(21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.

Amendment 161 #

Proposal for a regulation
Recital 21

Amendment 162 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 21

Amendment 163 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 21

(21) When identifying potential violations of the prohibition, the competent authorit~~ies~~y should follow a risk-based approach and assess all information available to them. CThe competent authorit~~ies~~y should initiate an investigation where, based on ~~their~~its assessment of all available information, it~~hey~~ establishes that there is a substantiated concern of a violation of the prohibition.

Amendment 164 #

Proposal for a regulation
Recital 22

(22) ~~Before initiat~~During an investigation, competent authorities ~~should~~may request from the economic operators under assessment information on actions taken to mitigate, prevent or, remediate and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 165 #

Proposal for a regulation
Recital 22

(22) ~~Before initiat~~During an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or, remediate and bring to an end ~~risks of~~ forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 166 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive. Questions regarding remediation are covered by [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence].

Amendment 167 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

(22) Before initiating an investigation, competent authorities should ensure that substantive information and/or claims submitted should be made available to any economic operators under assessment, while safeguarding the identities of the stakeholders involved. Competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 168 #

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 169 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour or remediate forced labour cases in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should contribute to helping the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence could means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and ensures remediation of forced labour and its victims, no investigation should be initiated.

Amendment 170 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and ~~value~~supply chains. Appropriate due diligence means that forced labour issues in the ~~value~~supply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 171 #

Proposal for a regulation
Recital 22

(22) Before initiating an investigation, the competent authorit~~ies~~y should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.

Amendment 172 #

Proposal for a regulation
Recital 22 a (new)

(22a) During the investigation, the Commission and competent authorities shall engage with stakeholders with the genuine intention to understand how relevant stakeholder interests are affected by its activities, prior to taking decisions that may impact them and take into consideration their interests. It involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them. It should ensure follow-through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.

Amendment 173 #

Proposal for a regulation
Recital 23

(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.

Amendment 174 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 23

(23) ~~In order to ensure cooperation amo~~The competent authority designated under this Regulation should cooperate with other relevant authorities, including competent authorities designated under ~~this and~~ other relevant legislation ~~and~~ in order to ensure consistency in their actions and decisions~~, competent authorities designated under this Regulation should~~. It should also request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Amendment 175 #

Proposal for a regulation
Recital 23

Amendment 176 #

Proposal for a regulation
Recital 23

Amendment 177 #

Proposal for a regulation
Recital 23 a (new)

(23a) Considering the robust amount of evidence available regarding forced labour cases, in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on situations that present a higher risk of use of forced labour and that have an increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of value chains.

Amendment 178 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER

Proposal for a regulation
Recital 23 a (new)

(23a) Considering the robust amount of evidence available regarding forced labour cases in particular products, regions or sectors, competent authorities should, after a risk-assessment, focus their investigations on the situations presenting both a higher risk of use of forced labour and increased societal and economic impact, due to the large dimension of economic operators or their presence in a large number of supply chains.

Amendment 179 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 23 a (new)

(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.

Amendment 180 #

Proposal for a regulation
Recital 24

(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, while also taking into account their potential imbalance of power in the concerned supply chain. In their assessment they should also take into account the size and economic resources of the economic operator, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 181 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 24

(24) During the ~~preliminary phase of investigation,~~investigation, the Commission and competent authorities should focus on investigating the economic operators involved in all the steps of the value chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their policies and practices (in relation to purchasing practices in particular), size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 182 #

Proposal for a regulation
Recital 24

(24) During the ~~preliminary phase of investigation,~~investigation, the Commission and competent authorities should focus on the economic operators involved in the ~~steps of the value chain where there is a higher risk of forced labour~~value chain with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.

Amendment 183 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 24

Amendment 184 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 24

Amendment 185 #

Proposal for a regulation
Recital 24

Amendment 186 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should ~~prioritise~~identify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of the economic operators under investigation that are involved in the steps of the value chain ~~as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operator~~with the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 187 #

Proposal for a regulation
Recital 25

(25) CThe competent authorit~~ies~~y, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 188 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 189 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 190 #

Proposal for a regulation
Recital 25

(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 191 #

(25a) The Commission should call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database should be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, social partners, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour. The database should include a list of all decisions of competent authorities and third countries' authorities, including information on the provision of remediation of forced labour cases that enabled the withdrawal of the ban.

Amendment 192 #

Proposal for a regulation
Recital 25 a (new)

(25a) Where there is clear and reliable evidence that specific products produced in specific geographic areas present a high risk of having been subject to forced labour applied by state authorities, experts should be able to identify those products as “high risk products”. Criteria for ‘high risk’ designation must be publicly available. Any geographic areas considered for ‘high risk’ designation should allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission should publish transparent and comprehensive guidelines including measurable criteria for economic operators and third countries to meet, to demonstrate that products are no longer ‘high risk’.

Amendment 193 #

Proposal for a regulation
Recital 25 a (new)

(25a) Where there is convincing evidence that specific products produced in specific geographic areas present a high risk of having been made with forced labour, experts should be able to identify those products as “high risk products”. For those specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation, distribution or storage of a product, including working or processing related to the product.

Amendment 194 #

Proposal for a regulation
Recital 25 b (new)

(25b) Where there is clear and reliable evidence that specific products produced in specific geographic areas, or by specific entities that systematically use forced labour, present a high risk of having been made with forced labour, experts could identify those products as “high risk products”. For these specific products, economic operators should bear the burden of establishing that forced labour has not been used at any stage of production, manufacture, harvest, extraction, packaging, transportation or distribution of a product, including working or processing related to the product.

Amendment 195 #

Proposal for a regulation
Recital 25 b (new)

(25b) Competent authorities cannot, in any case, request undertakings to provide, disclose or publish the business secret and intellectual property such as patents. The protection of confidential information should be respected.

Amendment 196 #

Proposal for a regulation
Recital 25 c (new)

(25c) In order to strengthen the prohibition, the Commission should be able to adopt a decision identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of the prohibition due to the existence of state- imposed forced labour schemes. This decision should be adopted where the Commission, after examination of the evidence contained in the database, considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on competent authorities and effectively prevent the placement on the market of a large number of products of forced labour.

Amendment 197 #

Proposal for a regulation
Recital 26

(26) CThe competent authorit~~ies~~y should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. The competent authority should bear the same burden of establishing that forced labour has been used in case of a service. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorit~~ies~~y throughout the investigation.

Amendment 198 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Recital 26

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing ~~related to the product~~, but excluding services, related to the product and whether or not the product is classified as high risk, on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 199 #

Proposal for a regulation
Recital 26

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have access to information collected and allegations submitted, and have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 200 #

Proposal for a regulation
Recital 26

(26) ~~Competent authoritie~~Economic operators should bear the burden of ~~establish~~proving that forced labour has not been used at any stage of production, manufacture, harvest or, extraction, packaging, transportation, distribution or storage of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, ~~economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.~~

Amendment 201 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 26

(26) CIn all other cases, competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or, extraction, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 202 #

Proposal for a regulation
Recital 26

(26) ~~Competent authoritie~~Economic operators should bear the burden of ~~establish~~proving that forced labour has not been used at any stage of production, manufacture, harvest or extraction, storage, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation~~, including its preliminary phase~~. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence towhen requested by the competent authorities ~~throughout~~or after the investigation.

Amendment 203 #

Proposal for a regulation
Recital 26

(26) Competent authorities should bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a ~~product, including working or processing related to the~~ product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence to the competent authorities throughout the investigation.

Amendment 204 #

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 205 #

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and ~~have them~~donate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 206 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. The competent authorities must take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.

Amendment 207 #

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and ~~have them~~donate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them and if recycling is not possible, the products should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 208 #

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. In the event of a repeated offence, economic operators are prevented from taking part in European tenders and are not authorized to sell their products on the internal market.

Amendment 209 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 27

(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 210 #

Proposal for a regulation
Recital 27

(27) CThe competent authorit~~ies~~y that establishes that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products or services on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products or services already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 211 #

Proposal for a regulation
Recital 27

Amendment 212 #

Proposal for a regulation
Recital 27

(27) CThe Commission and competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste managementshould be seized. The cost of their storage should be borne by the economic operator and the products disposed of in accordance with national law consistent with Union law, including destined to social re-use or sold and the proceeds shall be directed to the victims.

Amendment 213 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 28

Amendment 214 #

Proposal for a regulation
Recital 28

(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from competent authorities should be made publicly available.

Amendment 215 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 28

(28) In that decision, the competent authorit~~ies~~y should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product or service to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions.

Amendment 216 #

Proposal for a regulation
Recital 29

~~(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned.~~deleted

Amendment 217 #

Proposal for a regulation
Recital 29

(29) ~~In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned~~The proposal should clarify that any penalties to economic operators are non-transferable.

Amendment 218 #

Proposal for a regulation
Recital 29

(29) In setting a reasonable time to comply with the order, the competent authorit~~ies~~y should take into account the size and economic resources of the economic operators concerned.

Amendment 219 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management ~~at the expense of the economic operators~~. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.

Amendment 220 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle those products, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

Amendment 221 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Such decision should be proportionate at least to the scale of forced labour, availability of alternative products, resilience of the EU, complexity of the suply chain and other relevant factors.

Amendment 222 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. The competent authorities must take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.

Amendment 223 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

Amendment 224 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

Amendment 225 #

Proposal for a regulation
Recital 30

Amendment 226 #

Proposal for a regulation
Recital 30

(30) If the economic operators fail to comply with the decision of the competent authorit~~ies~~y by the end of the established timeframe, the competent authorit~~ies~~y should ensure that the relevant products or services are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.

Amendment 227 #

Proposal for a regulation
Recital 31

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorities, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. Competent authorities should withdraw their decision where they establish on the basis of that new information, that it cannot be established that the products have been made with forced labour. Economic operators should have a right to compensation, including the compensation in case of the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.

Amendment 228 #

Proposal for a regulation
Recital 31

Amendment 229 #

Proposal for a regulation
Recital 31

(31) Economic operators should have the possibility to request a review of the decisions by the competent authorit~~ies~~y, after having provided new information showing that it cannot be concluded that the relevant products have been made with forced labour. CThe competent authorit~~ies~~y should withdraw ~~their~~its decision where it~~hey~~ establishes on the basis of that new information, that it cannot be established that the products have been made with forced labour.

Amendment 230 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a user-friendly mechanism for the submission of information, available in all official languages of the institutions of the Union, and free of charge. Substantive and detailed information about claims submitted should be made immediately available to any economic operators concerned, while safeguarding the identities of the natural or legal persons involved in the submission.

Amendment 231 #

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the Commission or to competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions may be addressed to one or more competent authorities. The Commission and competent authorities shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.

Amendment 232 #

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more competent authorities. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardisation of the information provided, the Commission should set up a centralised mechanism for the submission of information, available in all official languages of the institutions of the Union as well as relevant other languages, and free of charge, and ensure that it is user-friendly.

Amendment 233 #

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions should be addressed to one or more national competent authority. Adequate protection measures should be put in place to ensure the safety of any person associated with the submission or the information contained within it, including from retaliation and reprisals. To ensure ease of use for the submission of information and the standardization of the information provided, the Commission should set up a mechanism for the submission of information, available in all EU official languages and free of charge, and ensure its user-friendliness.

Amendment 234 #

Proposal for a regulation
Recital 32

Amendment 235 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.

Amendment 236 #

Proposal for a regulation
Recital 32

(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorit~~ies~~y when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.

Amendment 237 #

Proposal for a regulation
Recital 32 a (new)

(32a) The role of customs authorities is essential to the proper application of this Regulation. Member States shall provide them with sufficient human and financial resources to carry out their task of eradicating products derived from forced labor within the internal market.

Amendment 238 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 239 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition, in particular taking into account the specific nature of food products. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 240 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators, with a specific attention for SMEs, relevant stakeholders and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 241 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 242 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 243 #

Proposal for a regulation
Recital 33

(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and the competent authorit~~ies~~y. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorit~~ies~~y to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.

Amendment 244 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 34

(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 245 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 34

(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process, packaging, transport, distribution and storage and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 246 #

Proposal for a regulation
Recital 34

(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 247 #

Proposal for a regulation
Recital 34

(34) Decisions of the competent authorit~~ies~~y establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorit~~ies~~y should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).

Amendment 248 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 35

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.

Amendment 249 #

Proposal for a regulation
Recital 35

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the ~~supply~~value chain.

Amendment 250 #

Proposal for a regulation
Recital 35

(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorit~~ies~~y with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain.

Amendment 251 #

Proposal for a regulation
Recital 36

(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition, or by the Commission establishing a presumption, should suspend the release of that product and notify the competent authorities or the Commission immediately. Competent authorities or the Commission should reach a conclusion within a reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities or the Commission should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.

Amendment 252 #

Proposal for a regulation
Recital 36

Amendment 253 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Recital 36

(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.

Amendment 254 #

Proposal for a regulation
Recital 36

(36) Customs authorities that identify a product that may be covered by a decision communicated by the competent authorit~~ies~~y establishing a violation of the prohibition should suspend the release of that product and notify the competent authorit~~ies~~y immediately. CThe competent authorit~~ies~~y should reach a conclusion within a reasonable timeframe on the case notified to it~~hem~~ by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorit~~ies~~y should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by the competent authorit~~ies~~y within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.

Amendment 255 #

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, ~~they should immediately inform customs authorities which should refuse its release for free circulation or export. The product~~or where the economic operator has not been able to rebut the presumption of forced labour, the competent authorities or the Commission should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.

Amendment 256 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Arba KOKALARI, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management~~, which excludes re-export in case of non-Union goods.~~ . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.

Amendment 257 #

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. The competent authorities must take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.

Amendment 258 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product ~~should~~may be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. Such decision should be proportionate, taking into account all relevant factors of the product, economic operator, consumers and the internal market.

Amendment 259 #

Proposal for a regulation
Recital 37

(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be d~~estroyed, rendered inoperable, or otherwise disposed of~~onated to charitable or public interest purposes. If the product cannot be donated, it should be recycled, and if that is not possible, it should be destroyed, in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.

Amendment 260 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 37

Amendment 261 #

Proposal for a regulation
Recital 37

Amendment 262 #

Proposal for a regulation
Recital 37

(37) Where the competent authorit~~ies~~y concludes that a product corresponds to a decision establishing a violation of the prohibition, it~~hey~~ should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re- export in case of non-Union goods.

Amendment 263 #

Proposal for a regulation
Recital 37 a (new)

(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.

Amendment 264 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 39

(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.

Amendment 265 #

Proposal for a regulation
Recital 39

(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst the competent authorit~~ies,~~y and the customs authorities ~~and the Commission~~.

Amendment 266 #

(40) For the collection, processing and storage of information, in a structured form, on issues relating to the enforcement of the prohibition, the competent authorit~~ies~~y should use ICSMS. The ~~Commission,~~ competent authorit~~ies~~y and customs authorities should have access to that system to carry out their respective duties under this Regulation.

Amendment 267 #

Proposal for a regulation
Recital 41

(41) In order to optimise and unburden the control process of products entering or leaving the Union market, it is necessary to allow for an automated data transfer between the ICSMS and customs systems. Three different data transfers should be distinguished in view of their respective purposes. Firstly, decisions establishing a violation of the prohibition should be communicated from the ICSMS to the Electronic Customs Risk Management System (CRMS) referred to in Article 36 of Commission Implementing Regulation (EU) 2015/244733, without prejudice to any future evolution of the customs risk management environment, for use by customs authorities to identify products that may correspond to such a decision. The available interfaces of the customs environment should be used for those first data transfers. Secondly, where customs authorities identify such a product, case management will be necessary to, among others, transfer the notification of the suspension, the conclusion of thecompetent authorit~~ies~~yand the outcome of the actions taken by customs. The EU Single Window Environment for customs should support those second data transfers between ICSMS and national customs systems. Thirdly, customs systems contain information on products entering and leaving the Union market that would be relevant for thecompetent authorit~~ies~~yto carry out their duties but that is not accessible to them. The relevant information should therefore be extracted and transmitted to the ICSMS. The three interconnections should be highly automated and easy-to- use, so as to limit any additional burden for customs authorities. The Commission should be empowered to adopt, in cooperation with customs ~~authorities and competent~~ authorities, the implementing acts necessary to determine the procedural rules, practical arrangements and data elements to be transferred between the ICSMS and customs systems and any other ancillary requirement. _________________ 33 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, OJ L 343, 29.12.2015, p. 558.

Amendment 268 #

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products with the same identification from the same supply chain for which forced labour has been found.deleted

Amendment 269 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products with the same identification from the same supply chain from the same production site, company, group of companies or region for which forced labour has been found.

Amendment 270 #

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products ~~with~~from the same ~~identification from the same supply chai~~production site, company, group of companies or region for which forced labour has been found.

Amendment 271 #

Proposal for a regulation
Recital 42

(42) To ensure effective enforcement decisions taken by a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products with the same identification from the same ~~supply~~value chain for which forced labour has been found.

Amendment 272 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Seán KELLY, Marion WALSMANN, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Recital 42 a (new)

(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.

Amendment 273 #

Proposal for a regulation
Recital 44

Amendment 274 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 44

Amendment 275 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the Commission, competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations~~. That administrative support structure~~ and capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders. The administrative support structure to be provided by the Commission should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

Amendment 276 #

Proposal for a regulation
Recital 44

Amendment 277 #

Proposal for a regulation
Recital 44

(44) To ensure effective enforcement of the prohibition, it is necessary to establish a centralised complaint mechanism at EU level as well as a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.

Amendment 278 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 44

Amendment 279 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Recital 44

Amendment 280 #

Proposal for a regulation
Recital 44 a (new)

(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, and, in particular, it should lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.

Amendment 281 #

Proposal for a regulation
Recital 44 a (new)

(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, in particular lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.

Amendment 282 #

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.

Amendment 283 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Recital 45

Amendment 284 #

Proposal for a regulation
Recital 45

Amendment 285 #

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global ~~value~~supply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 286 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global ~~value~~supply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should ~~as appropriately~~ cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 287 #

Proposal for a regulation
Recital 48

(48) In order to ensure that the customs authorities are provided with all the necessary information about the product to act effectively, including the information identifying the relevant product, information about the manufacturer or the producer and information about the product suppliers as regards products entering or leaving the Union market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. Customs authorities need to be enabled to obtain information rapidly on specific products, identified in the decisions of the competent authorit~~ies~~y in order to take actions and measures effectively and swiftly. In such cases, delegated acts should be adopted in an urgent procedure.

Amendment 288 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Recital 48 a (new)

(48a) In light of the absence of an impact assessment accompanying the Commission's proposal on this Regulation, the Commission should evaluate and publish report on the impact of this Regulation on internal market, competitiveness, consumers and the EU and national budgets. This evaluation should employ specific indicators to assess its effectiveness, efficiency, and overall impact.

Amendment 289 #

Proposal for a regulation
Recital 48 a (new)

(48a) No later than three years after the entry into force, the Commission should carry out a first review of this Regulation with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate.

Amendment 290 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Recital 49 a (new)

(49a) The Commission should carry out an ex-post impact assessment of this Regulation, in light of the objective it pursues, no later than 12 months after its application. The assessment should especially focus on whether this Regulation achieved its objective, in particular with regard to reducing the number of products placed on the Union market made with forced labour, improving cooperation between competent authorities and strengthening the controls on products entering the Union market, while taking into account the impact on business, in particular on SMEs. The assessment should, where appropriate, be accompanied by a legislative proposal.

Amendment 291 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.

Amendment 292 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules: a) prohibiting economic operators from importing, placing and making available on the Union market or exporting from the Union market products made with forced labour, and b) rules for economic operators to remedy victims of forced labour.

Amendment 293 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made, stored, transported, packaged or distributed with forced labour.

Amendment 294 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 1 – paragraph 1

Amendment 295 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products or services made with forced labour.

Amendment 296 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. This Regulation shall only apply to economic operators and product areas referred to in Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence. This Regulation shall not apply to economic operators or product areas where Member States lay down, in their national laws, provisions diverging from Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence.

Amendment 297 #

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. This Regulation lays down rules for remedial obligations for economic operators for cases where forced labour has been established.

Amendment 298 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.

Amendment 299 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market. or have been transformed or integrated into another product.

Amendment 300 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products or services which have reached the end-users in the Union market.

Amendment 301 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall not cover the withdrawal of products which have reached the eind~~-us~~ividual consumers in the Union market.

Amendment 302 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall apply only to economic operators defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.

Amendment 303 #

Tom VANDENDRIESSCHE

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall apply to economic operators as defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence.

Amendment 304 #

Krzysztof HETMAN

Proposal for a regulation
Article 1 a (new)

Article1a Scope This Regulation shall apply to the economic operators and product areas covered in Article 3 of the Directive (XXX) on Corporate Sustainability Due Diligence.

Amendment 305 #

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)

(ba) ‘forced labour high risk area’ means countries or regions where there is clear and reliable evidence of state- imposed forced labour, in an entire product group in a specific industry.

Amendment 306 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement, throughout its supply chain, mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or, bring to an end or remediate the use of forced labour with respect to products that are to be made available on the Union market or to be exported;

Amendment 307 #

Proposal for a regulation
Article 2 – paragraph 1 – point c

Amendment 308 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point c

Amendment 309 #

(ca) ‘remediation’ means measures aiming to improve conditions for workers and affected victims of forced labour.These include evidence of one or more of the following: i) financial and non-financial compensation, including compensation based on the duration and extent of forced labour and any harms suffered; ii) restitution for the victims, including restoring relevant documents such as visas and work permits, and returning their passport; iii) rehabilitation; iv) preventive measures and guarantees of non-reoccurrence of forced labour;and where it is accompanied by one or more of the above measures, apologies; v) other remediation measures as agreed on by the economic operators and affected workers and stakeholders.

Amendment 310 #

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour affecting a specific supplier that supplies the economic operator that places or makes available in EU market; bringing to an end the use of forced labour shall not mean disengagement as first resort;

Amendment 311 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company;

Amendment 312 #

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(cb) 'root causes of forced labour' means the causes leading to economic exploitation, poverty, systemic discrimination, and lack of regular and decent labour migration pathways at the level of a country or region. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages as well as unfair purchasing practices.

Amendment 313 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)

(cb) ‘root causes of forced labour’ means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;

Amendment 314 #

Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)

(cc) ‘stakeholders’ means: i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by forced labour as used by an economic operator, its subsidiaries or its business relationships; ii) other legal or natural persons defending human rights, including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders;and (iii) organisations whose statutory purpose is the defence of human rights;

Amendment 315 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘making available on the market’ means placing a product under the customs procedure release for free circulation in the Union or any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;

Amendment 316 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘making available on the market’ means any supply of a raw or processed product for storage, distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;

Amendment 317 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

Amendment 318 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at end-users in the Union;

Amendment 319 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured~~, including working or processing related to a product at any stage of its supply chain;~~

Amendment 320 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, packaged, transported, distributed or stored, including working or processing related to a product at any stage of its supply chain;

Amendment 321 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, stored, transported, packaged or distributed including working or processing related to a product at any stage of its supply chain;

Amendment 322 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, packaged, transported or distributed, including working or processing related to a product at any stage of its supply chain;

Amendment 323 #

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, both offline and online, whether it is extracted, harvested, produced or manufactured, including working, refining or processing related to a product at any stage of its supply chain;

Amendment 324 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its supply chain but excluding services;

Amendment 325 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point f

(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or manufactured, including working or processing related to a product at any stage of its ~~supply~~value chain;

Amendment 326 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, storage, transport, packaging or distribution, including working or processing related to a product at any stage of its supply chain;

Amendment 327 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, packaging, transport, distribution or storage, including working or processing related to a product at any stage of its supply chain;

Amendment 328 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or into a significant part at any stage of its extraction, harvest, production or manufacture~~, including working or processing related to a product at any stage of its supply chain~~;

Amendment 329 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, packaging, transport or distribution, including working or processing related to a product at any stage of its supply chain;

Amendment 330 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 2 – paragraph 1 – point g

Amendment 331 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture or storage, including working or processing related to a product at any stage of its supply chain;

Amendment 332 #

Proposal for a regulation
Article 2 – paragraph 1 – point g

Amendment 333 #

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)

(ga) 'high-risk product' means a product that is likely to have been made with forced labour, based on reliable evidence of the widespread and systematic use of forced labour in both the geographical area and the sector from which it originates, or the systematic use of forced labour by its manufacturer or producer.

Amendment 334 #

Jörgen WARBORN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG, Christophe HANSEN, Gabriel MATO, Andrey KOVATCHEV, Andreas SCHWAB, Romana TOMC

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘economic operator’ means any ~~natural or legal person or association of persons~~business with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;

Amendment 335 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘economic operator’ means a~~ny natural or legal person or association of persons who is~~ company defined in Article 2 of the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence placing or making available products on the Union market or exporting products;

Amendment 336 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

Amendment 337 #

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘economic operator’ means any natural or legal person or association of persons who is placing or making available products or services on the Union market or exporting products or services;

Amendment 338 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or ~~in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances~~significant parts thereof;

Amendment 339 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, stores, transports, packages or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 340 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, packs, transports, distributes or stores a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 341 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, packs, transports or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;

Amendment 342 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances, but excluding services;

Amendment 343 #

Proposal for a regulation
Article 2 – paragraph 1 – point k

(k) ‘product supplier’ means any natural or legal person or association of persons in the ~~supply~~value chain who extracts, harvests, produces or manufactures a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its ~~supply~~value chain, whether as manufacturer or in any other circumstances;

Amendment 344 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(ma) 'vulnerable stakeholders’ means individuals and right-holders groups finding themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others their sex, gender, age, race, ethnicity, class, indigenous identity, migration status, disability, as well as social and economic status, which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and additional barriers to participation and access to justice;

Amendment 345 #

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(ma) ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;

Amendment 346 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)

(ma) ‘end user’ means any natural or legal person in the Union, to whom a product has been made available either as a consumer or as a professional, business to business end user in relation to its industrial or professional activities;

Amendment 347 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)

(mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;

Amendment 348 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorit~~ies~~y to suspect that products were likely made with forced labour or that services likely involve forced labour;

Amendment 349 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point n

Amendment 350 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded, yet not conclusive, reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;

Amendment 351 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, evidence or proof, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;

Amendment 352 #

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;

Amendment 353 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were ~~likely~~ made with forced labour;

Amendment 354 #

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘products entering the Union market’ means products from third countries and Union Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;

Amendment 355 #

Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)

1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)

Amendment 356 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG

Proposal for a regulation
Article 2 – paragraph 1 – point s a (new)

(sa) 'mass balance model' means a chain of custody model in which materials or products with a set of specified characteristics are mixed according to defined criteria with materials or products without that set of characteristics;

Amendment 357 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) ‘root causes of forced labour’, for the purposes of this Regulation, means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below cost of production, lack of living incomes and living wages and more generally any unfair purchasing practices;

Amendment 358 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) 'meaningful engagement with stakeholders' means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities before a potential decision on disengaging is made;

Amendment 359 #

Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)

(ua) “end-user” means any natural or legal person, to whom the product in question has been made available either as a consumer outside of any commercial activity or as a professional in the course of its industrial or professional activities;

Amendment 360 #

Proposal for a regulation
Article 2 – paragraph 1 – point u b (new)

(ub) ‘meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including NGOs and local communities, with particular attention to vulnerable stakeholders, such as workers who are undocumented or in the irregular economy, smallholders, and indigenous peoples;

Amendment 361 #

Proposal for a regulation
Article 2 – paragraph 1 – point u b (new)

(ub) “SME” means any micro, small or medium-sized enterprises as defined in the Commission Recommendation 2003/361/EC of 6 May 2023 concerning the definition of micro, small and medium-sized enterprises;

Amendment 362 #

Proposal for a regulation
Article 2 – paragraph 1 – point u c (new)

(uc) 'forced labour risk areas' means those countries or regions where there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group in a specific industry;

Amendment 363 #

Proposal for a regulation
Article 2 – paragraph 1 – point u d (new)

(ud) 'stakeholders' means: (i) (vulnerable) workers who might be impacted by the product ban; ii) other third parties with legitimate interest or whose rights or interests are or could be affected, such as communities, as well as civil society actors including trade unions, workers (self) organisations and NGOs;other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, indigenous peoples or other vulnerable stakeholders;and iii) organisations whose statutory purpose is the defence of human rights;

Amendment 587 #

Proposal for a regulation
Article 9 – title

Information obligations of the competent authorit~~ies~~y

Amendment 588 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. The competent authority shall without delay inform the ~~Commission and the competent authorities of other~~ Member States using the information and communication system referred to in Article 22(1) about the following:

Amendment 589 #

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) any decision not to initiate an investigation following a ~~preliminary phase of investigation,~~submission of information or a complaint, as referred to in Article ~~4(7)~~10;

Amendment 590 #

Proposal for a regulation
Article 9 – paragraph 1 – point a

(a) any decision not to initiate an investigation following ~~a preliminary phase of investigation~~the reception of a complaint , referred to in Article ~~4(7)~~10;

Amendment 591 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) any decision to prohibit placing and making available of the products or services on the market and their export, as well as to order the withdrawal of the products or services already placed or made available on the market and their disposal referred to in Article 6(4);

Amendment 592 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) any decision to prohibit storing, placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already stored, placed or made available on the market and their disposal referred to in Article 6(4);

Amendment 593 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);

Amendment 594 #

Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)

(ga) any court decision to annul competent authority decision referred to in Article 8(5);

Amendment 595 #

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1a. The Commission shall without delay inform the competent authorities of Member States using the information and communication system referred to in Article 22(1) about the following: (a) any decision to establish a presumption of forced labour referred to in Article 8a; (b) any decision to prohibit the placing and making available of the products on the market and their export referred to in Article 19a(5);

Amendment 596 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website. It shall also make the motives for a decision under point (a) public without revealing the identity of the economic operator.

Amendment 597 #

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website.

Amendment 598 #

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.

Amendment 599 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 9 – paragraph 2

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), ~~(d),~~ (e) and (g) on a dedicated website.

Amendment 600 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. The Commission shall without delay inform any affected economic operators and third country authorities, of actions taken or not taken under this paragraph.

Amendment 601 #

Proposal for a regulation
Article 10 – paragraph 1

1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegationThe Commission shall establish a mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding products which are alleged or suspected to be made by forced labour.

Amendment 602 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 603 #

Proposal for a regulation
Article 10 – paragraph 1

Amendment 604 #

Proposal for a regulation
Article 10 – paragraph 1

1. Submissions of information by any natural or legal person or any association not having legal personality, to the competent authorit~~ies~~y on alleged violations of Article 3 shall contain information on the economic operators or, products or services concerned and provide the reasons substantiating the allegation.

Amendment 605 #

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. The Commission shall establish a centralised complaint mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding goods which are alleged or suspected to be made by forced labour.

Amendment 606 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. Member States shall ensure that competent authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the investigation in accordance with national law and that the person submiting the information of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.

Amendment 607 #

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. Submissions of information and complaints on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to the Commission or one or more competent authorities. The Commission shall receive a copy of submissions received by competent authorities.

Amendment 608 #

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. The Commission shall set up a mechanism for the submission of information pursuant to paragraph 1. This mechanism shall be available in all official languages of the institutions of the Union, and it shall be user friendly and free of charge.

Amendment 609 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 10 – paragraph 1 a (new)

1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.

Amendment 610 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 10 – paragraph 1 b (new)

1b. Complaints may be lodged anonymously. Competent authorities shall ensure the protection of persons at risk of threats or reprisals as a result of having shared information in relation to products made using forced labour. Whistleblowers, workers, trade unions, civil society organisations, small economic operators within the supply chain, and others who address cases of forced labour who face threats or reprisals as a result of having shared information in relation to the objectives or implementation of this Regulation shall be eligible for support, including financial, legal aid and or physical protection as appropriate.

Amendment 611 #

Proposal for a regulation
Article 10 – paragraph 1 b (new)

1b. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that the mechanism is designed so that victims or witnesses of forced labour may lodge complaints without fearing retaliation of any sort, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.

Amendment 612 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 10 – paragraph 1 c (new)

1c. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specificities of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate.

Amendment 613 #

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.

Amendment 614 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 10 – paragraph 2

2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 a of the outcome of the assessment of their submission or complaint as well as the decision referred to in Article 9 a.

Amendment 615 #

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. The competent authority shall, as soon as possible, inform the economic operator about the the submission, and the substantive detail therein.

Amendment 616 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. The Commission shall, as soon as possible, inform the authorities of the country where the forced labour was identified.

Amendment 617 #

Proposal for a regulation
Article 10 – paragraph 3 a (new)

3a. Competent authorities and the Commission shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.

Amendment 618 #

Proposal for a regulation
Article 10 a (new)

Article10a Remediation 1. The Commission, after consulting the competent authorities, shall ensure access to remedy and effective remediation to victims with ad-hoc funds or through disposition within preferential trade agreement with third countries concerned whenever violations of Article 3 occur. 2. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction. 3. Competent authorities should determine, in consultation with relevant stakeholders, such as trade unions and non-governmental organization, as well as with social partners and international organizations, the appropriate remediation, prevention of future reoccurrence and financial or non- financial compensation measures. 4. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.

Amendment 619 #

Proposal for a regulation
Article 11 – title

Database of forced labour risk areas or, products or services

Amendment 620 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific production sites, geographic areas or with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations ~~and third country authorities.~~ , trade unions, relevant stakeholders, social partners, NGOs, labour and worker cooperatives and third country authorities. The customs authorities' data such as origin, places of storage and transportation points of the products entering or leaving the Union market are crucial risk indicators. The Commission shall improve the cooperation among customs authorities through direct campaigns and ongoing trainings.

Amendment 621 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an ~~indicative, non-exhaustive,~~accurate verifiable and ~~regular~~daily updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. The assessment of the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.

Amendment 622 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall include a list of forced labour high risk areas and shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. Special attention will be paid to countries showing no or insignificant progress with respect to the elimination of forced child labour, the implementation of the 182 ILO Convention and other relevant conventions and protocols.

Amendment 623 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 624 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 11 – paragraph 1

Amendment 625 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall ~~call upon external expertise to provide~~set up an indicative, ~~non-exhaustiv~~an accurate, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. The Commission may also consult external experts for contributions.

Amendment 626 #

Proposal for a regulation
Article 11 – paragraph 1

1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifi~~able~~ed, solid and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant reliable external sources of information from, amongst others, international organisations and third country authorities.

Amendment 627 #

Jörgen WARBORN, Krzysztof HETMAN, Liudas MAŽYLIS, Iuliu WINKLER, Alessandra MUSSOLINI, Daniel CASPARY, Anna-Michelle ASIMAKOPOULOU, Angelika WINZIG

Proposal for a regulation
Article 11 – paragraph 1

Amendment 628 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 629 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. Based on verifiable or, where the evidence is impossible to obtain on reliable evidence, external experts may identify products made in geographic areas with forced labour applied by state authorities that are in high-risk of violating Article 3.Criteria for ‘high risk’ designation shall be published. Any geographic areas considered for ‘high risk’ designation shall allow for consultation and right of response from the relevant third countries before products are formally designated. The Commission shall issue guidelines on measurable criteria for economic operators and third countries to meet and to demonstrate that products are no longer ‘high risk’ no later than 6 months after the entry into force of this Regulation.

Amendment 630 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. The Commission shall ensure the necessary technical support to economic operators, in particular SMEs, to facilitate the use of the database and take measures to avoid any unnecessary administrative burden in the operation of the database;

Amendment 631 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. Based on reliable evidence, external experts may identify specific products produced in specific geographic areas, or by a specific entity, as products at high-risk of violation of Article 3.

Amendment 632 #

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. The database shall be public and easily accessible and include a list of all decisions and their motivations of competent authorities pursuant to Article 6, paragraphs (3), (4) and (6).

Amendment 633 #

Proposal for a regulation
Article 11 – paragraph 1 b (new)

1b. Third parties can petition the Commission to include omissions to the database. In case the Commission does not include it, will provide the reasons for not including information contained in the petition.

Amendment 634 #

Proposal for a regulation
Article 11 – paragraph 1 b (new)

1b. The database shall include a list of all decisions of competent authorities pursuant to Article 6(3), Article 6(4) and Article 6(6), and decisions of the Commission pursuant to Articles 8a and 19a(5).

Amendment 635 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ~~ensure that~~make the database ~~is made~~ publicly available byat the ~~external expertise at the latest 24 months after the entry into force of this Regulation~~latest 12 months before the application of this regulation. The Commission shall be responsible for the databases's maintenance, content updates and regular review.

Amendment 636 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 11 – paragraph 2

Amendment 637 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made easily accessible and publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.

Amendment 638 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available and easy accessible by the external expertise at the latest 124 months after the entry into force of this Regulation.

Amendment 639 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.

Amendment 640 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.

Amendment 641 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.

Amendment 642 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available ~~by the external expertise~~ at the latest 124 months ~~after the entry into force~~before the application of this Regulation.

Amendment 643 #

Proposal for a regulation
Article 11 – paragraph 2

2. The Commission shall ensure that the database is made publicly available by the external expertise at ~~the late~~least 2410 months after the entry into force of this Regulation.

Amendment 644 #

3. Economic operators storing, placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3. It shall be the responsibility of the economic operator concerned to demonstrate that its product or service was manufactured or provided without using forced labour and that any use of forced labour was remediated. The database shall include an archive of previous decisions and shall be regulary reviewed and, if necessary, updated.

Amendment 645 #

Proposal for a regulation
Article 11 – paragraph 3

3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, ~~shall also be required to comply with Article 3~~in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.

Amendment 646 #

Proposal for a regulation
Article 11 – paragraph 3

3. Economic operators placing or making available on the Union market or exporting products or services which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3.

Amendment 647 #

Proposal for a regulation
Article 11 – paragraph 3 a (new)

3a. The process for assessing the initial database shall include full and transparent engagement with third country authorities, trading partners and economic operators including request for formal submissions, publicly-available proposed criteria for determining risk levels, and the formation of a Labour Platform stakeholder forum to allow for ongoing feedback on the operation and updating of the database.

Amendment 648 #

Proposal for a regulation
Article 11 a (new)

Article11a Public digital traceability system 1. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. 2. Member states shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. 3. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. 4. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.

Amendment 649 #

Proposal for a regulation
Article 12 – title

Competent authorit~~ies~~y

Amendment 650 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 12 – paragraph 1

1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.

Amendment 651 #

Proposal for a regulation
Article 12 – paragraph 1

1. ~~Member States shall designate one or mor~~A competent authority shall be established on the EU level. The competent authorit~~ies~~y shall be responsible for carrying out the obligations set out in this Regulation~~. Designated Member State competent authorities shall be responsible~~ as well as for ensuring the effective and uniform implementation of this Regulation throughout the Union.

Amendment 652 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. The Commission is also empowered to carry out the obligations set out in this Regulation, and it shall also contribute to an effective and uniform implementation of this Regulation throughout the Union.

Amendment 653 #

Proposal for a regulation
Article 12 – paragraph 2

2. Where Member States have designated more than one competent authority, they shall clearly demarcate the respective duties and establish communication and coordination mechanisms that enable those authorities to collaborate closely and exercise their duties effectively.deleted

Amendment 654 #

Proposal for a regulation
Article 12 – paragraph 3

3. No later than three months after the date of entry into force of this Regulation, Member States shall, through the information and communication system referred to in Article 22(1), provide the Commission and the other Member States with the following information: (a) the names, addresses and contact details of the designated competent authority or authorities; (b) the areas of competence of the designated competent authority or authorities. Member States shall regularly update the information set out in points (a) and (b) of the first sub-paragraph of this paragraph.deleted

Amendment 655 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 12 – paragraph 4

~~4. The Commission shall make the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.~~deleted

Amendment 656 #

Proposal for a regulation
Article 12 – paragraph 4

4. The Commission shall make the mechanism referred to in Article 10 and the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.

Amendment 657 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 12 – paragraph 5

5. ~~Member States shall ensure that the designated~~The competent authorit~~ies~~y shall exercise ~~their~~its powers impartially, transparently and with due respect for obligations of professional secrecy. ~~Member States shall ensure that their~~The competent authorit~~ies~~y shall have the necessary powers and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.

Amendment 658 #

Proposal for a regulation
Article 12 – paragraph 5

5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.

Amendment 659 #

Proposal for a regulation
Article 12 – paragraph 6

6. Member States shall confer on their competent authorities the power to impose penalties in accordance with the guidelines issued by the Commission in Article 23 and in accordance with Article 30.

Amendment 660 #

Proposal for a regulation
Article 12 – paragraph 6

6. ~~Member States shall confer on their~~The competent authorit~~ies~~y shall have the power to impose penalties in accordance with Article 30.

Amendment 661 #

Proposal for a regulation
Article 12 – paragraph 6 a (new)

6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.

Amendment 662 #

Proposal for a regulation
Article 13

Administrative cooperation and communication among competent 1. The Commission shall ensure efficient cooperation among the competent authorities of the Member States through facilitating and coordinating the exchange and collection of information and best practices with regard to the application of this Regulation. 2. Competent authorities shall actively participate in the Network referred to in Article 24.rticle 13 deleted authorities

Amendment 663 #

Proposal for a regulation
Article 14

1. Decisions taken by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found. 2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request. 3. Where two or more competent authorities initiate investigations concerning the same products or economic operators, the lead authority shall be the one which first informed the Commission and the competent authorities of other Member States of the decision to initiate an investigation in accordance with Article 9(1), point (b). 4. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator. 5. Where there is a lead authority as referred to in paragraph 3, competent authorities shall share all the evidence and information they may have with that lead authority to facilitate the investigation and shall not start a separate investigation. 6. The lead authority shall carry out the investigation and adopt a decision in accordance with Article 6 on the basis of the assessment of all evidence before it.Article 14 deleted Recognition of decisions

Amendment 664 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 14 – paragraph 1

Amendment 665 #

Proposal for a regulation
Article 14 – paragraph 1

1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States ~~in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found~~.

Amendment 666 #

Proposal for a regulation
Article 14 – paragraph 1

1. Decisions taken by the Commission or by a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.

Amendment 667 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 668 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 14 – paragraph 2

2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.deleted

Amendment 669 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 14 – paragraph 2

2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information ~~within~~as soon as possible and at the latest 15 working days from the date of receipt of the request.

Amendment 670 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 671 #

Proposal for a regulation
Article 14 – paragraph 3

3. Where two or more competent authorities initiate investigations concerning the same products, services or economic operators, the lead authority shall be the one which first informed the Commission and the competent authorities of other Member States of the decision to initiate an investigation in accordance with Article 9(1), point (b).

Amendment 672 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 14 – paragraph 4

4. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.deleted

Amendment 673 #

Proposal for a regulation
Article 14 – paragraph 4

4. Before initiating an investigation in accordance with Article 5, ~~a competent authority~~the mechanism referred to in Article 10 shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.

Amendment 674 #

Proposal for a regulation
Article 14 – paragraph 5

5. Where there is a lead authority as referred to in paragraph 3, competent authorities shall share all the evidence and information they may have with that lead authority to facilitate the investigation and shall not start a separate investigation.deleted

Amendment 675 #

Proposal for a regulation
Article 14 – paragraph 6

~~6. The lead authority shall carry out the investigation and adopt a decision in accordance with Article 6 on the basis of the assessment of all evidence before it.~~deleted

Amendment 676 #

Proposal for a regulation
Article 14 – paragraph 6

6. The lead authority shall carry out the investigation and adopt a decision in accordance with Article 6 on the basis of the assessment of all evidence before it. When the accumulation of new complaints and evidence against a product and/or an economic operator renders it meaningful, the Commission may take over the investigation duty from a competent authority

Amendment 677 #

Proposal for a regulation
Article 14 – paragraph 6 a (new)

6a. Before initiating an investigation in accordance with Article 5, a competent authority shall verify in the information and communication system referred to in Article 22(1) whether the product is subject to a presumption pursuant to Article 8a. Where this is the case, the competent authority shall share all the evidence and information they may have with the Commission and shall not start a separate investigation.

Amendment 678 #

Proposal for a regulation
Article 15 – paragraph 3 – point a

(a) any decision to prohibit the placing or making available of the products on the Union market and their export, as well as to order the withdrawal of the products already placed or made available on the Union market and their disposal referred to in Article 6(4);

Amendment 679 #

Proposal for a regulation
Article 15 – paragraph 3 a (new)

3a. The Commission shall without delay communicate to the customs authorities of Member States any decision adopted in accordance with Article 8a.

Amendment 680 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 15 – paragraph 4

4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.

Amendment 681 #

Proposal for a regulation
Article 15 – paragraph 4

4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 and 3a to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013.

Amendment 682 #

Proposal for a regulation
Article 16 – paragraph 1

1. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by identifying the products or product groups for which the information referred to in paragraph 2 shall be provided to customs authorities, amongst others, on the basis of the database referred to in Article 11 or f information and decisions encoded in the information and communication system referred to in Article 22(1). The Commission shall take into account the specific nature of food products when identifying products or groups of products.

Amendment 683 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 16 – paragraph 1

1. The Commission is empowered to adopt delegated acts in accordance with Article 27 to supplement this Regulation by identifying the products or product groups for which the information referred to in paragraph 2 shall be provided to customs authorities, amongst others, on the basis of the database referred to in Article 11 ~~or f information and decisions encoded in the information and communication system referred to in Article 22(1)~~.

Amendment 684 #

Proposal for a regulation
Article 16 – paragraph 2

2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, distributor, packaging or storage company or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.

Amendment 685 #

Proposal for a regulation
Article 16 – paragraph 2

Amendment 686 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 16 – paragraph 5

5. Where a specific product has been identified in a decision referred to in Articles 6(4) and 8a, in order for the customs authorities to be able to act immediately, the procedure provided for in Article 28 shall apply to delegated acts adopted pursuant to this Article.

Amendment 687 #

Proposal for a regulation
Article 17 – paragraph 1

Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the suspension and transmit all relevant information ~~to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3)~~.

Amendment 688 #

Proposal for a regulation
Article 17 – paragraph 1

Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the ~~relevant~~ competent authorit~~ies~~y of the suspension and transmit all relevant information to enable it~~hem~~ to establish whether the product is covered by a decision communicated pursuant to Article 15(3).

Amendment 689 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 17 – paragraph 1 a (new)

Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3a), be presumed to be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the Commission of the suspension and transmit all relevant information to enable it to establish whether the product is covered by a decision communicated pursuant to Article 15(3a).

Amendment 690 #

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

1. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17, the product shall be released for free circulation or exported where all the other requirements and formalities relating to such a release or export have been fulfilled and where ~~either of the following conditions is satisfied:~~within 4 working days of the suspension, the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation. In case of perishable products, animals and plants that time limit shall be 2 working days.

Amendment 691 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;deleted

Amendment 692 #

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) within 4 working days of the ~~suspension, if the competent authorities have not requested the customs authorities to maintain the~~ suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;

Amendment 693 #

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) within 4 working days of the suspension, if the competent authorities, or the Commission, have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;

Amendment 694 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) within 4 working days of the suspension, if the competent authorit~~ies~~y haves not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;

Amendment 695 #

Proposal for a regulation
Article 18 – paragraph 1 – point b

~~(b) the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation.~~deleted

Amendment 696 #

Proposal for a regulation
Article 18 – paragraph 1 – point b

(b) the competent authorit~~ies~~y informed the customs authorities of ~~their~~its approval for release for free circulation or export pursuant to this Regulation.

Amendment 697 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1a. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17(1a), and where the Commission concludes that the product notified is covered by a decision pursuant to Article 8a, it shall request the customs authorities to maintain the suspension for the duration of the procedure described in Article 19a. The Commission shall notify the economic operator of the suspension and the reasons thereof.

Amendment 698 #

Proposal for a regulation
Article 19 – paragraph 1

1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(2) and (4), they shall require customs authorities not to release it for free circulation nor to allow its export.

Amendment 699 #

Proposal for a regulation
Article 19 – paragraph 1

1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17(1) is a product made with forced labour pursuant to a decision referred to in Article 6(4), they shall require customs authorities not to release it for free circulation nor to allow its export.

Amendment 700 #

Proposal for a regulation
Article 19 – paragraph 1

1. Where the competent authorit~~ies~~y concludes that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(4), it~~hey~~ shall require customs authorities not to release it for free circulation nor to allow its export.

Amendment 701 #

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1

Competent authorities shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly. Upon such notification, customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document:

Amendment 702 #

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1

CThe competent authorit~~ies~~y shall ~~immediately enter that information in the information and communication system referred to in Article 22(1) and~~ notify the customs authorities accordingly. Upon such notification, customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document:

Amendment 703 #

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2

~~‘Product made with forced labour - release for free circulation/export not authorised - Regulation (EU) XX/20XX’ [OP to indicate reference of this Regulation].~~deleted

Amendment 704 #

Proposal for a regulation
Article 19 – paragraph 2 a (new)

2a. Upon notification as referred to in paragraph 2 or Article 19a(5), customs authorities shall not allow the release for free circulation or export of that product and shall also include the following notice in the customs data-processing system and, where possible, on the commercial invoice accompanying the product and on any other relevant accompanying document: ‘Product made with forced labour - release for free circulation/export not authorised - Regulation (EU) XX/20XX’ [OP to indicate reference of this Regulation].

Amendment 705 #

Proposal for a regulation
Article 19 a (new)

Article19a Procedure for dealing with products presumed to be in violation of Article 3 1. Economic operators whose products have been suspended for free circulation pursuant to Article 17(2) shall be given the opportunity to prove that the affected products comply with Article 3. 2. Within 15 working days from the date of the notificatication referred to in Article 18(1a), the economic operator may provide evidence that: (a) the affected products are not covered by a decision referred to in Article 8a; or (b) the products are not made with forced labour. 3. The Commission shall assess all evidence gathered persuant to paragraph 2 and, on that basis, establish whether Article 3 has been violated within 20 working days from the date of receipt of the evidence submitted by economic operators pursuant to paragraph 2. 4. Where the Commission determines that the evidence produced is sufficient to establish that Article 3 has not been violated, it shall approve the release for free circulation or export pursuant to this Regulation. 5. Where the Commission establishes that Article 3 has been violated, it shall adopt a decision containing the elements referred to in Articles 6(4) and 7. The Commission shall immediately enter that information in the information and communication system referred to in Article 22(1) and notify the customs authorities accordingly. Article 6(5) and (6) shall apply by analogy.

Amendment 706 #

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is ~~disposed of in accordance with national law consistent with Union law~~recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 707 #

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19 or Article 19a(5), customs authorities shall take the necessary measures to ensure that the product concerned is donated to charitable or public interest purposes. If such products cannot be donated, they should be recycled, and if that is not possible, they should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 708 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 20 – paragraph 1

Amendment 709 #

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to public interest purposes or recycled or if that is not possible the products should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 710 #

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of, or shall inform competent authorities to cooperate in taking these measures, in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 711 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 20 – paragraph 1

Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.

Amendment 712 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.

Amendment 713 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.

Amendment 714 #

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.

Amendment 715 #

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products or services entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.

Amendment 716 #

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authorit~~ies~~y and customs authorities shall cooperate closely and exchange risk-related information.

Amendment 717 #

Proposal for a regulation
Article 21 – paragraph 1

1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the competent authorit~~ies~~y and customs authorities shall cooperate closely and exchange risk-related information.

Amendment 718 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 21 – paragraph 2 – introductory part

2. Cooperation among the Commission (including the Chief Trade Enforcement Officer), the Central Complaint Mechanism and relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:

Amendment 719 #

Proposal for a regulation
Article 21 – paragraph 2 – introductory part

2. Cooperation among the Commission, the mechanism referred to in Article 10 and other relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:

Amendment 720 #

Proposal for a regulation
Article 21 – paragraph 2 – point b

(b) the competent authorit~~ies~~y and customs authorities in accordance with Article 47(2) of Regulation (EU) No 952/2013.

Amendment 721 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 21 – paragraph 2 – point b a (new)

(ba) the Commission.

Amendment 722 #

Proposal for a regulation
Article 22 – paragraph 1

1. For the purposes of Chapters II and III, the competent authorit~~ies~~y shall use the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. The ~~Commission,~~ competent authorit~~ies~~y and customs authorities shall have access to that system for the purposes of this Regulation.

Amendment 723 #

Proposal for a regulation
Article 22 – paragraph 2

2. The decisions communicated pursuant to Article 15(3) and (3a) shall be entered in the relevant customs risk management environment.

Amendment 724 #

Proposal for a regulation
Article 22 – paragraph 3

3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) and (3a) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two years from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.

Amendment 725 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 3

3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than ~~two year~~12 months from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.

Amendment 726 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 22 – paragraph 4

4. Requests and notifications exchanged between the competent authorit~~ies~~y and customs authorities pursuant to Articles 17 to 20 of this Regulation as well as the ensuing messages shall take place by means of the information and communication system referred to in paragraph 1.

Amendment 727 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 5

5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within ~~four~~two years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational. _________________ 40 Established by the Regulation on the EU Single Window Environment for Customs (EU SWE-C).

Amendment 728 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 180 months after the entry into force of this Regulation, which shall include the following:

Amendment 729 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:

Amendment 730 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:

Amendment 731 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:

Amendment 732 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:

Amendment 733 #

Proposal for a regulation
Article 23 – paragraph 1 – introductory part

The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following:

Amendment 734 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, ~~as well as~~ the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;

Amendment 735 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 23 – paragraph 1 – point a

Amendment 736 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, CSOs and existing collaborative multistakeholders initiatives as well as the size and economic resources of economic operators;

Amendment 737 #

Proposal for a regulation
Article 23 – paragraph 1 – point a

Amendment 738 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 23 – paragraph 1 – point a

Amendment 739 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)

(aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];

Amendment 740 #

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)

(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;

Amendment 741 #

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 742 #

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidelines, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 743 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of both the private sector and risk of state- imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 744 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 23 – paragraph 1 – point b

(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;

Amendment 745 #

Proposal for a regulation
Article 23 – paragraph 1 – point b a (new)

(ba) guidance for stakeholders to submit information or a complaint, in accordance with Article 10;

Amendment 746 #

Proposal for a regulation
Article 23 – paragraph 1 – point d

~~(d) further information to facilitate the competent authorities’ implementation of this Regulation;~~deleted

Amendment 747 #

Proposal for a regulation
Article 23 – paragraph 1 – point d

(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;

Amendment 748 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 23 – paragraph 1 – point d

(d) further information to facilitate the competent authorities’ implementation of this Regulation, in particular for public authorities carrying out procedures under Article 4, 5 or 6 on what constitutes a significant threshold for forced labour contents used at the different stages of a product's extraction, harvest, production or manufacture that would constitute a violation of Article 3;

Amendment 749 #

Proposal for a regulation
Article 23 – paragraph 1 – point d

(d) ~~further information to facilitate the competent authorities’~~detailed guidance for competent authorities to garantee homogeneous implementation of this Regulation;

Amendment 750 #

Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)

(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;

Amendment 751 #

Proposal for a regulation
Article 23 – paragraph 1 – point e

(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.

Amendment 752 #

Katarína ROTH NEVEĎALOVÁ

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) indication on the possible types of documents and evidence that could be used by the economic operators during an investigation in order to prove that a product is not made with forced labour.

Amendment 753 #

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)

(ea) specific guidance for NSMEs and SMEs on how to collect and submit information and on possible measures to effectively prevent, mitigate and put to an end the use of forced labour.

Amendment 754 #

Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)

(ec) guidance on minimum rules which do not hinder Member States from choosing appropriate and balanced sanctions.

Amendment 755 #

Proposal for a regulation
Article 23 – paragraph 1 a (new)

The guidelines shall be consistent with guidelines provided in accordance with relevant Union Law, in particular with Directive (XXX) on Corporate Sustainability Due Diligence Directive and Regulation (XXX) [ Regulation on deforestation-free products ]

Amendment 756 #

Proposal for a regulation
Article 23 – paragraph 1 a (new)

The guidelines shall take into account other relevant legislation, such as EU Corporate Sustainability Due Diligence Directive, Regulations on responsible minerals, batteries and deforestation-free products.

Amendment 757 #

Proposal for a regulation
Article 23 a (new)

Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;

Amendment 758 #

Proposal for a regulation
Article 24 – title

Union Network Against Forced Labour Products and Services

Amendment 759 #

Proposal for a regulation
Article 24 – paragraph 1

Amendment 760 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 1

Amendment 761 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour Products and Services (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authority and experts from the customs authorities of the Member States ~~and the Commission, and~~ to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Amendment 762 #

Proposal for a regulation
Article 24 – paragraph 1

1. A Union Network Against Forced Labour Products (‘the Network’) is established by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.

Amendment 763 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 1 a (new)

1a. The Commission and the Member States shall ensure that the Network has the necessary powers and resources to carry out the tasks referred to in paragraph 3, including sufficient budgetary and other resources.

Amendment 764 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities. EU delegations, particularly based in countries with regions identified as of high risk of forced labour, shall also be involved in the work of this Network.

Amendment 765 #

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Fundamental Rights Agency and, where appropriate, experts from the customs authorities.

Amendment 766 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 2

Amendment 767 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 2

2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and~~, where appropriate,~~ experts from the customs authorities.

Amendment 768 #

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including as to expand database of risk of forced labour;

Amendment 769 #

Proposal for a regulation
Article 24 – paragraph 3 – point b

(b) conduct joint investigations;

Amendment 770 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Article 24 – paragraph 3 – point c a (new)

(ca) monitor the recycle, destruction or the redirection of products, which were refused for release for free circulation, storage or export, to be used in the interest of the public;

Amendment 771 #

Proposal for a regulation
Article 24 – paragraph 3 – point d

(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation and coordinate dissemination efforts;

Amendment 772 #

Proposal for a regulation
Article 24 – paragraph 3 – point e

(e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products and services;

Amendment 773 #

Proposal for a regulation
Article 24 – paragraph 3 – point e

(e) promote and facilitate collaboration to ~~explore possibilities for using~~use new technologies for the enforcement of this Regulation and the traceability of products;

Amendment 774 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.

Amendment 775 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between competent authorities ~~and~~, customs authorities, civil society organisations and human rights defenders;

Amendment 776 #

Proposal for a regulation
Article 24 – paragraph 3 – point f

(f) to promote the cooperation and exchange of expertise and best practices between the competent authorit~~ies~~y and customs authorities;

Amendment 777 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 3 – point f – point i (new)

i) promote information campaigns with authorities of third countries involved and with the EU delegations and Missions on the premises as well as assist and support trainings for workers of those geographical areas on their rights;

Amendment 778 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;

Amendment 779 #

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) identify discrepancies between enforcement at the level of different EU Member States;

Amendment 780 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)

(fa) coordinate dissemination efforts in and outside the EU;

Amendment 781 #

Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)

(fb) provide recommendations to the Commission and the European External Action Service (EEAS) to address identified systemic cases of forced labour in third countries and/or the Member States of the European Union;

Amendment 782 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 3 a (new)

3a. The Network may invite experts and stakeholders, including social partners and other workers’ representatives as well as civil society representatives to attend meetings of the Network or to provide written contributions or trainings for the Network.

Amendment 783 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 3 a (new)

3a. mandate research or monitor situation of wide-spread and systematic forced labour in order to expand the database of risks of forced labour;

Amendment 784 #

Proposal for a regulation
Article 24 – paragraph 4

4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the ~~Network and participate in the meetings of the~~ Network.

Amendment 785 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 4

4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.

Amendment 786 #

Proposal for a regulation
Article 24 – paragraph 4

4. The Commission shall ~~support and encourag~~lead and facilitate cooperation between enforcement authorities through the Network and participate in the meetings of the Network.

Amendment 787 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 24 – paragraph 4

4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and ~~participate in~~chair the meetings of the Network.

Amendment 788 #

Proposal for a regulation
Article 24 – paragraph 4 a (new)

4a. The Commission shall provide the Network with the financial and human resources to carry out its missions.

Amendment 789 #

Proposal for a regulation
Article 24 a (new)

Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.

Amendment 790 #

Proposal for a regulation
Article 25 – paragraph 1

1. The competent authorit~~ies~~y shall only use information received pursuant to this Regulation for the purpose of applying this Regulation.

Amendment 791 #

Proposal for a regulation
Article 25 – paragraph 2

Amendment 792 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 25 – paragraph 2

2. Where requested, the ~~Commission, Member States and~~ competent authorit~~ies~~y shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.

Amendment 793 #

Proposal for a regulation
Article 25 – paragraph 2

Amendment 794 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – title

International Cooperation and Accompanying Measures

Amendment 795 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission ~~may~~shall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives ~~and~~, business organisations. and relevant stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis. The Commission shall seek cooperation agreements with third countries, where relevant, in order to facilitate the exchange of information on investigation, including the reasons and evidence for decision taken to ban products from their jurisdiction. The Commission shall propose a multilateral trade instrument to ban the circulation of products made with forced labour at the WTO.

Amendment 796 #

Proposal for a regulation
Article 26 – paragraph 1

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission ~~may~~shall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.

Amendment 797 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 26 – paragraph 1

Amendment 798 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 799 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 26 – paragraph 1

Amendment 800 #

Proposal for a regulation
Article 26 – paragraph 1

Amendment 801 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 26 – paragraph 1

Amendment 802 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – paragraph 2

Amendment 803 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 26 – paragraph 2

Amendment 804 #

Brando BENIFEI

Proposal for a regulation
Article 26 – paragraph 2

Amendment 805 #

Proposal for a regulation
Article 26 – paragraph 2

Amendment 806 #

Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)

Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.

Amendment 807 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – paragraph 2 a (new)

Amendment 808 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – paragraph 2 b (new)

2b. The Commission and competent authorities shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments.

Amendment 809 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 26 – paragraph 2 c (new)

2c. The following accompanying measures are foreseen: a) supportive development policies to governments in producer countries to guarantee, protect and fulfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor to reduce vulnerability to forced labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies on employment and labour migration, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. b) supporting partner countries to develop encompassing National Action Plans on Forced Labour and worst forms of child labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.

Amendment 810 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 26 a (new)

Article26a Development cooperation The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour as well as to build the capacity of upstream economic actors to respond to the requirements under this Regulation.

Amendment 811 #

Proposal for a regulation
Article 27 a (new)

Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.

Amendment 812 #

Proposal for a regulation
Article 30 – paragraph 1

1. The ~~Member States shall lay down the ru~~Commission, according to the guidelines set down in Article 23, shall lay down general principles onf penalties ~~applicable~~which Member States shall apply to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented equally in accordance with EU and national law.

Amendment 813 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 30 – paragraph 1

1. The ~~Member States~~Commission shall lay down ~~the~~harmonised rules on penalties applicable to non- compliance with a decisions referred to in Articles 6(4) and ~~shall take all measures necessary to ensure that they are implemented in accordance with national law~~19a(5).

Amendment 814 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 30 – paragraph 1

1. The ~~Member States~~Commission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.

Amendment 815 #

Proposal for a regulation
Article 30 – paragraph 1

Amendment 816 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 30 – paragraph 1 a (new)

1a. Member States shall take all measures necessary to ensure that the penalties pursuant to paragraph 1 are implemented, and implemented in accordance with national law.

Amendment 817 #

Proposal for a regulation
Article 30 – paragraph 2

2. The penalties provided for shall ~~be effective, proportionate and dissuasive~~take the form of pecuniary fines and shall be effective, proportionate and dissuasive. The maximum limit of pecuniary sanctions shall be not less than 5% of the total worldwide turnover of the undertaking in the business year preceding the fining decision. The collected sum shall be used for the compensation fund referred to in paragraph 2b.

Amendment 818 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. If an operator circumvents or attempts to circumvent a ban or sanction imposed in accordance with this Regulation, or when they refuse to cooperate with the customs or competent authorities, the competent authority shall be empowered to impose additional proportionate and dissuasive penalties, such as pecuniary fines.

Amendment 819 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 30 – paragraph 2 b (new)

2b. A compensation fund shall be established by a delegated act to be adopted no later than 2 years after the entry into force of this Regulation.

Amendment 820 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 30 – paragraph 3

3. The Member States shall, by [OP enter DATE = 24 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.deleted

Amendment 821 #

Proposal for a regulation
Article 30 – paragraph 3

3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment 822 #

Proposal for a regulation
Article 30 – paragraph 3

3. The Member States shall, by [OP enter DATE = 2418 months from entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment 823 #

Proposal for a regulation
Article 30 a (new)

Article30a Evaluation 1. No later than [OP enter DATE = 6 years from its entry into force] the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions. The evaluation shall identify best practices of the implementation of this Regulation and provide at least the following information: a) number of preliminary phase investigations and investigations carried out divided by Member States including the number of cases closed as unsubstantiated; b) the number of people in forced labour globally and in the Union, including analysis of trends before and after the adoption of this Regulation, analysis of the deterrence effect of this Regulation; c) the global value of products and services identified containing forced labour, the share of these products imported to the Union, including analysis of trends before and after the adoption of this Regulation; d) the analysis of key indications and trends related to forced labour, including threats or actual physical harm, restriction of movement, debt bondage, withholding wages or excessive wage reduction, retention of passports; e) the impact of the measures activated in relation to this Regulation on third country actors, Union competition, consumers, Union employees and businesses; f) the value of products subject to the controls, the number, value and share of products not released for free circulation or export per year; g) the interaction of this Regulation with relevant Union and Member State legislation; h) the quantified cost-benefit analyses of the Regulation; i) the analysis of regulatory measures against forced labour in third countries, including the analysis of best practices; j) the share of forced labour production for the domestic country and in production linked to supply chains; k) the website traffic of the database of forced labour. In case the Commission is not able to provide the exact number, the estimation can be provided instead. In any case, the clear explanation of the used methodology of such calculations must be available in the report. The Commission shall gather information for this report without broadening reporting obligation for economic operators using information from all relevant and reliable sources, including European institutions, national competent authorities or internationally recognised bodies and organisations.

Amendment 824 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 30 a (new)

Article30a Evaluation and review 1.By [five years after the date of application] and every five years thereafter, the Commission shall carry out an evaluation of this Regulation taking account its objectives and shall submit a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee. 2. The report shall assess whether this Regulation achieved its objective, in particular with regard to reducing the number of products on the Union market made with forced labour, improving the functioning of the competent authority and strengthening the controls on products entering the Union market, while taking into account the impact on businesses, in particular on SMEs. In drawing up the report, the Commission shall consult affected stakeholders, such as trade unions. 3. The report shall be accompanied, where appropriate, by a legislative proposal. 4. The Commission shall continuously monitor the impact of this Regulation on victims of forced labour, also paying particular regard to the situation of women and children. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by stakeholders.

Amendment 825 #

Proposal for a regulation
Article 30 a (new)

Article30a Review and annual reporting 1. No later than three years after the entry into force of this Regulation, the Commission shall carry out a first review with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate. 2. No later than one year after the entry into force of this Regulation, the Commission shall present annually a report to the European Parliament and the Council on the implementation of this Regulation.

Amendment 826 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 30 a (new)

Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.

Amendment 827 #

Proposal for a regulation
Article 30 a (new)

Article30a Impact Assessment No later than 6 months after the entry into force of this Regulation, the Commission shall draw up an impact assessment.

Amendment 828 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 31 – paragraph 2

This Regulation shall apply from [OP enter DATE = 2430 months from its entry into force].

Amendment 829 #

Proposal for a regulation
Article 31 – paragraph 2

This Regulation shall apply from [OP enter DATE = 2418 months from its entry into force].

Amendment 830 #

Proposal for a regulation
Article 31 – paragraph 2

This Regulation shall apply from [OP enter DATE = 248 months from its entry into force].

Amendment 831 #

Proposal for a regulation
Article 31 a (new)

Article31a Review and reporting No later than three years after the application of this Regulation, and every three years thereafter, the Commission shall review the application, enforcement and impact of this Regulation and present a report to the European Parliament and the Council. The report shall in particular assess the following issues: a) the effectiveness of this Regulation in achieving its objectives of prohibiting products made with forced labour in the Union market; b) the cost-benefit and effectiveness of this Regulation; c) the overall impact on eradicating forced labour; d) the impact of this regulation on SMEs and micro enterprises; e) the alignment with other legislations, particularly on CSDDD, deforestation and batteries regulation; f) the impact on trade and the competitiveness of the Union’s industry; g) the impact in terms of administrative burdens for the economic operators and Member States' authorities. Where the Commission considers it appropriate, the report shall be accompanied by relevant legislative proposals or repeal of the existing regulation.

Amendment 832 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 31 a (new)

Article31a Amendment to Regulation (EC) No 952/2013In Article 12 of Regulation (EC) No 952/2013, the following subparagraph is added: Information received by customs authorities is presumed to be not confidential. Customs Authorities may classify data on a shipment-to-shipment basis as confidential if there is sufficient proof that the disclosure could cause substantial economic loss and is not relevant to safeguarding the consumers' health, conservation of the environment or the promotion of the interests of those suffering from the pursuit of the business.

source: 749.232

2023/06/15 INTA, IMCO 223 amendments...

Amendment 364 #

Proposal for a regulation
Article 3 – paragraph 1

Economic operators shall not place or make available on the Union market products that are made, stored, transported, packaged or distributed with forced labour, nor shall they export such products.

Amendment 365 #

Proposal for a regulation
Article 3 – paragraph 1

Economic operators shall not place or make available on the Union market products or services that are made with or involving forced labour, nor shall they export such products or services.

Amendment 366 #

Proposal for a regulation
Article 3 – paragraph 1

Economic operators shall not place or make available on the Union market, offline or online, products that are made with forced labour, nor shall they export such products.

Amendment 367 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 3 – paragraph 1 a (new)

The Commission or competent authorities may determine a violation in relation to products made with forced labour in either of the following cases: a. a particular production site, or a group of production sites; b. a particular operator or company, or group of operators or companies; c. a particular transport vessel or fleet; or d. a particular product group from a specific region or country.

Amendment 368 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

The Commission or competent authorities may establish a violation of Article 3 (1) in any of the following cases: (a) a particular production site, or a group of production sites; (b) a particular operator, or group of operators; (c) a particular transport vessel or fleet; or (d) a particular product group from a forced labour high-risk area.

Amendment 369 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Chapter II – title

II Investigations and decisions of the competent authorit~~ies~~y

Amendment 370 #

Anne-Sophie PELLETIER

Proposal for a regulation
Article 4

~~[...]~~deleted

Amendment 371 #

Proposal for a regulation
Article 4 – paragraph 1

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including the following information: (a) submissions made by natural or legal persons or any association not having legal personality pursuant to Article 10; (b) the risk indicators and other information pursuant to Article 23, points (b) and (c); (c) the database referred to in Article 11; (d) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (e) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.deleted

Amendment 372 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators established in their territory violated Article 3. That assessment shall be based on all relevant information available to them, including the following information:

Amendment 373 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

Amendment 374 #

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. CThe competent authorit~~ies~~y shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to it~~hem~~, including the following information:

Amendment 375 #

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) submissions made by natural or legal persons or any association or relevant stakeholders not having legal personality pursuant to Article 10;

Amendment 376 #

Proposal for a regulation
Article 4 – paragraph 1 – point e

(e) information requested by the competent authority from other relevant authorities or competent authority of Member States , where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Amendment 377 #

Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)

(ea) direct engagement with the economic operators concerned.

Amendment 378 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 1 – point e b (new)

(eb) the size and capacity of the economic operators questioned;

Amendment 379 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.deleted

Amendment 380 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the due diligence plan of the economic operator under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence with respect to prevent forced labour and the adequacy of the actions undertaken, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 381 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall in a first instance focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur ~~and~~, while also taking into account the potential imbalance of power in the concerned supply chain. In their assessment they shall also take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 382 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, whether they can be considered directly responsible, the quantity of products concerned, as well as the scale of suspected forced labour and whether state- imposed forced labour could be a concern.

Amendment 383 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the ~~size and economic~~geographical area from which the product or part of it is originated, the size, the economic and human resources of the economic operators, the quantity of products concerned, a~~s well as~~nd the scale of suspected forced labour.

Amendment 384 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators ~~involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occ~~causing forced labour and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 385 #

Proposal for a regulation
Article 4 – paragraph 2

2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the ~~value~~supply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.

Amendment 386 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 3

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following: (a) applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour; (b) the guidelines issued by the Commission pursuant to Article 23, point (a); (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; (d) any other due diligence in relation to forced labour.deleted

Amendment 387 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall (i) inform and coordinate its actions with any other competent authority designated by the Member State under the Directive (EU) [XXX/XXX] on Corporate Sustainability Due Diligence and the Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law. If a request of information or an investigation has already been launched in relation to similar facts or products, a lead competent authority shall be designated through the coordination mechanism in accordance with Article 12, to avoid duplicating requests of information or investigations. In this case, the competent authorities shall cooperate and share information with each other. (ii) request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and ~~value~~supply chains with respect to the products under assessment, including on the basis of any of the following:

Amendment 388 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. ~~Before~~If authorities initiat~~ing~~e an investigation in accordance with Article 5(1), the competent authority shall in instances where it is deemed that such information is material request from the economic operators under assessment and relevant product suppliers information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour and remediate forced labour cases in their operations and value chains with respect to the products under assessment, including on the basis of any of the following:

Amendment 389 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 390 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 391 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 392 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 393 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

Amendment 394 #

Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)

(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;

Amendment 395 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER

Proposal for a regulation
Article 4 – paragraph 3 – point c

(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations and social partners;

Amendment 396 #

Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 (new)

The competent authority shall ensure that when economic operators refer to actions taken, as referred to above, those economic operators also identify and assess the impacts of their business models and strategies, including trading, procurement and pricing practices.

Amendment 397 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.deleted

Amendment 398 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 399 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 400 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators and relevant product suppliers shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 401 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to the competent authorit~~ies~~y any other information they may deem useful for the purposes of this Article.

Amendment 402 #

Katarína ROTH NEVEĎALOVÁ

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 125 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 403 #

Proposal for a regulation
Article 4 – paragraph 4

Amendment 404 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1540 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 405 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 150 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 406 #

Proposal for a regulation
Article 4 – paragraph 4

4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 30 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.

Amendment 407 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern, on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(4).

Amendment 408 #

Proposal for a regulation
Article 4 – paragraph 5

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.deleted

Amendment 409 #

Proposal for a regulation
Article 4 – paragraph 5

5. Within 30 working days from the date of receipt of the information submitted by economic operators and relevant product suppliers pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

Amendment 410 #

Proposal for a regulation
Article 4 – paragraph 5

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is an ongoing and a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

Amendment 411 #

Proposal for a regulation
Article 4 – paragraph 5

5. Within 3015 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

Amendment 412 #

Proposal for a regulation
Article 4 – paragraph 5

5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorit~~ies~~y shall conclude the preliminary phase of ~~their~~its investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.

Amendment 413 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 5 a (new)

5a. Notwithstanding paragraph 5, competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(4).

Amendment 414 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 415 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 416 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 417 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Joachim SCHUSTER

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall provide an opportunity for and duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. The competent authority shall also take into account difficulties met in collecting reliable information on forced labour, especially in geographical areas other than the ones listed in the database referred to in Article 11.

Amendment 418 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.

Amendment 419 #

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. The competent authority shall assess whether the economic operator demonstrates that it did not use disengagement as first resort for the products under assessment or products that are equivalent thereof.

Amendment 420 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI

Proposal for a regulation
Article 4 – paragraph 6

6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures ~~suitable and effective for bringing to an end forced labour in a short period of time.~~ , aligned with EU and international legislation including the Directive on Corporate Sustainability Due Diligence (CSDDD) and the UN Guiding Principles on business and human rights, for mitigating, preventing or bringing an end to forced labour.

Amendment 421 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 422 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 423 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 4 – paragraph 6

Amendment 424 #

Proposal for a regulation
Article 4 – paragraph 6

Amendment 425 #

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.deleted

Amendment 426 #

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, and that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and remediates forced labour cases.

Amendment 427 #

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, or that the reasons that motivated the existence of a substantiated concern have been eliminated, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and remediates forced labour.

Amendment 428 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 4 – paragraph 7

7. CThe competent authorit~~ies~~y shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorit~~ies~~y considers that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.

Amendment 429 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consicluder that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.

Amendment 430 #

Proposal for a regulation
Article 4 – paragraph 7

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents ~~and~~or brings to an end the risk of forced labour.

Amendment 431 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 4 a (new)

Article 4 a Evidence of forced labour 1.For the purposes of this Regulation, the existence of forced labour will be determined with reference to the indicators for forced labour set out by the ILO, which will be detailed by the Commission in guidelines documents. 2. The indicators for forced labour will be determined by: a. involuntariness, namely work for which a person has not offered themself voluntarily; and b. Penalty, or menace of a penalty, namely where the work is performed under the menace of a penalty to the worker, imposed by an employer or third party. 3. Evidence shall be assessed with reference to the ILO ‘Hard to See, Harder to Count’ guidance. 4. Where there is evidence of one indicator present under each of subparagraphs (2 (a)) and (2(b)), there will be evidence of forced labour for the purposes of this Regulation.

Amendment 432 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Burden of evidence Competent authorities shall bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.

Amendment 433 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 1

1. ~~Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of~~The Commission and competent authorities shall decide to initiate investigations on their own accord or in response to complaints or information submitted in accordance with Article 10, and shall follow a risk based approach in assessing the likelihood of a violation of Article 3 on the basis of relevant information, including: a) the risk indicators and other information pursuant to Article 23, ~~shall decide to initiate an investigation on the products and economic operators concerned~~points (b) and (c); b) the database referred to in Article 11; c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.

Amendment 434 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 5 – paragraph 1

1. Competent authorities that, pursuant to Article 4(5) or to the information contained in the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. When competent authorities initiate an investigation on the basis of evidence referred to in Article 11(1a), economic operators shall demonstrate that Article 3 has not been violated.

Amendment 435 #

Proposal for a regulation
Article 5 – paragraph 1

1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.

Amendment 436 #

Proposal for a regulation
Article 5 – paragraph 1

1. Competent authorities that, pursuant to Article 4(5), and where appropriate with reference to the database referred to in Article 11, determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned.

Amendment 437 #

Proposal for a regulation
Article 5 – paragraph 1

1. CIf the competent authorit~~ies that~~y, pursuant to Article 4(5), determines that there is a substantiated concern of a violation of Article 3, it shall decide to initiate an investigation on the products or services and economic operators concerned.

Amendment 438 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, in case it has reason to believe that the economic operator is in possession of additional information which is material to the investigation. It should do so within 3 working days from the date of the decision to initiate such investigation, about the following:

Amendment 439 #

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall ~~inform~~, when they have reason to believe that the economic operators subject to the investigation, has additional information which is material to the investigation, inform the economic operators within 3 working days from the date of the decision to initiate such investigation about the following:

Amendment 440 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation~~, within 3 working days from the date of the decision to initiate such investigation~~ immediately about the following:

Amendment 441 #

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. CThe competent authorit~~ies~~y that initiates an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following:

Amendment 442 #

Proposal for a regulation
Article 5 – paragraph 2 – point b

(b) the products as well as the geographical area from which the product or any of its part subject to the investigation;

Amendment 443 #

Proposal for a regulation
Article 5 – paragraph 2 – point b

(b) the products or services subject to the investigation;

Amendment 444 #

Proposal for a regulation
Article 5 – paragraph 2 – point c

(c) the reasons for the initiation of the ~~investigation, unless it would jeopardise the outcome of the~~ investigation;

Amendment 445 #

Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)

(ca) remind operators that they are required to engage with business partners in their value chains to remedy the violations, and that they shall pursue prevention, minimisation and remediation efforts in accordance with a time-bound plan;

Amendment 446 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 2 – point c b (new)

(cb) point out to operators that except for situations of State-Imposed Forced Labour, disengagement remains only the last resort where adverse impacts cannot be mitigated, and inform that economic operators shall engage meaningfully with stakeholders, especially affected workers and their representatives, where they are impacted by the decision to disengage before taking such a decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impact where appropriate;

Amendment 447 #

Proposal for a regulation
Article 5 – paragraph 2 – point d

(d) the possibility for the economic operators to submit any ~~other~~ document or information to the Commission or the competent authority, and the date by which such information has to be submitted.

Amendment 448 #

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)

(da) where the investigation has been initiated on the basis of evidence referred to in Article 11(1a), the requirement for the economic operator to demonstrate that Article 3 has not been violated.

Amendment 449 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)

(da) the substantive information of any submission made by any natural or legal person that contributed to initiating an investigation, while withholding their identifying details.

Amendment 450 #

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)

(da) in accordance with Article 6 on the presumption of forced labour, the requirement for the operator to demonstrate within a delimited time frame that Article 3 has not been violated.

Amendment 451 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. In case where the economic operator is informed about the investigation, the Commission and competent authorities shall order the suspension of the circulation of products under investigation at any time during the investigation.

Amendment 452 #

Anne-Sophie PELLETIER

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. In case where the economic operator is informed about the investigation, the Commission and competent authorities shall immediately order the suspension of the circulation of products.

Amendment 453 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Where requested to do so by the Commission or competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:

Amendment 454 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. ~~Where requested to do so by competent authorities, e~~Economic operators under investigation shall have a right to submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:

Amendment 455 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

3. Where requested to do so by competent authorit~~ies~~y, economic operators under investigation shall submit to those competent authorit~~ies~~y any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, the competent authorit~~ies~~y shall to the extent possible:

Amendment 456 #

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) ~~prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and~~identify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains.

Amendment 457 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) prioritise the economic operators under investigation involved in the steps of the ~~value~~supply chain as close as possible to where the ~~likely~~suspected risk of forced labour occurs and

Amendment 458 #

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) prioritise the economic operators under investigation involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and

Amendment 459 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 3 – point a

(a) prioritise the economic operators under investigation involved in the steps of the ~~value~~supply chain as close as possible to where the likely risk of forced labour occurs and

Amendment 460 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

~~(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.~~deleted

Amendment 461 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and economic resources of the economic operators, in particular, whether the operator is an SME, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 462 #

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.

Amendment 463 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size and economic resources of the economic operators, the quantity of products concerned or the volume of services, as well as the scale of suspected forced labour.

Amendment 464 #

Proposal for a regulation
Article 5 – paragraph 3 – point b

(b) take into account the size ~~and~~, the economic and human resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.

Amendment 465 #

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. In duly justified case, competent authorities may extend the response time by 15 working days.

Amendment 466 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 ~~or make a~~. A justified request for an extension of that time limit may be granted in case the economic operator is a MSME or a SME.

Amendment 467 #

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of up to 5 working days of that time limit.

Amendment 468 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 1540 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 469 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 150 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 470 #

Katarína ROTH NEVEĎALOVÁ

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 125 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 471 #

Proposal for a regulation
Article 5 – paragraph 4

4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.

Amendment 472 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 5

~~5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.~~deleted

Amendment 473 #

Proposal for a regulation
Article 5 – paragraph 5

~~5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.~~deleted

Amendment 474 #

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, competent authorities shall consider all relevant aspects, including complexity of the product and its supply chain and the size and economic resources of the economic operators concerned.

Amendment 475 #

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned, in particular, whether the operator is an SME.

Amendment 476 #

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.

Amendment 477 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 5 – paragraph 5

5. When deciding on the time limits referred to in this Article, the competent authorit~~ies~~y shall consider the size and economic resources of the economic operators concerned.

Amendment 478 #

Proposal for a regulation
Article 5 – paragraph 6

6. CThe Commission and competent authorities may collect relevant information by consulting with stakeholders or by carrying out all necessary checks and inspections including investigations in third countries, provided that the ~~economic operators concerned give their consent and that the~~ government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a limited timeframe.

Amendment 479 #

Proposal for a regulation
Article 5 – paragraph 6

6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, provided that the ~~economic operators concerned give their consent and that the~~ government of the Member State or third country in which the inspections are to take place has been officially notified ~~and raises no objection~~.

Amendment 480 #

Proposal for a regulation
Article 5 – paragraph 6

6. CThe competent authorit~~ies~~y may carry out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection.

Amendment 481 #

Proposal for a regulation
Article 5 – paragraph 6 a (new)

6a. The identity of the economic operator shall not be made publicly available during the investigation.

Amendment 482 #

Proposal for a regulation
Article 5 – paragraph 6 b (new)

6b. No later than 6 months after the entry into force of this Regulation, the Commission shall issue the guidance on investigation process including best practices and update them on an annual basis.

Amendment 483 #

Proposal for a regulation
Article 6 – title

Decisions of the competent authorit~~ies~~y

Amendment 484 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within ~~a reasonable period of time~~60 working days from the date they initiated the investigation pursuant to Article 5(1). This period can in duly justified cases be prolonged by another 60 working days.

Amendment 485 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.

Amendment 486 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is sufficient reason to believe that Article 3 has been violated, within ~~a reasonable period of time~~180 working days from the date they initiated the investigation pursuant to Article 5(1).

Amendment 487 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Article~~s 4 and~~ 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within ~~a reasonable period of time~~30 days from the date they initiated the investigation pursuant to Article 5(1).

Amendment 488 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).

Amendment 489 #

Proposal for a regulation
Article 6 – paragraph 1

1. CThe competent authorit~~ies~~y shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date it~~hey~~ initiated the investigation pursuant to Article 5(1).

Amendment 490 #

Proposal for a regulation
Article 6 – paragraph 1

1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within ~~a reasonable period of time~~30 working days from the date they initiated the investigation pursuant to Article 5(1).

Amendment 491 #

Proposal for a regulation
Article 6 – paragraph 2

2. Notwithstanding paragraph 1, competent authorities may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).deleted

Amendment 492 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 493 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 494 #

Amendment 495 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 2

2. Notwithstanding paragraph 1, the competent authorit~~ies~~y may establish that Article 3 has been violated on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 5(3) or (6).

Amendment 496 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. The Commission shall be empowered, after consultation with competent authorities and other stakeholders, to declare a presumption of forced labour for products or groups of products, from forced labour high risk areas. This decision shall be encoded in the database referred to in Article 11.

Amendment 497 #

Proposal for a regulation
Article 6 – paragraph 3

3. Where ~~competent authorities cannot establish that Article 3 has been violated~~within 60 working days from the date the economic operator submitted the information pursuant to Article 5(4) competent authorities cannot establish that Article 3 has been violated, or where concerns have been addressed and remedied during the course of the investigation, they shall take a decision to close the investigation and inform the economic operator thereof.

Amendment 498 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 6 – paragraph 3

3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. The closing of the investigation for lack of proof shall not preclude the right of competent authorities to start a new investigation into the same product in case new relevant information arises.

Amendment 499 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 3

Amendment 500 #

Proposal for a regulation
Article 6 – paragraph 3

3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This decision shall not preclude the right of competent authorities to start a new investigation on the same product where new information is made available.

Amendment 501 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA

Proposal for a regulation
Article 6 – paragraph 3

Amendment 502 #

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Where competent authorities establish that Article 3 has been violated, they shall without delay adopt a decision containing one or more of the following measures:

Amendment 503 #

Proposal for a regulation
Article 6 – paragraph 4 – introductory part

4. Where the competent authorit~~ies~~ y establishes that Article 3 has been violated, it~~hey~~ shall without delay adopt a decision containing:

Amendment 504 #

Proposal for a regulation
Article 6 – paragraph 4 – point a

(a) a prohibition to place or make the products concerned available on the Union market, offline and online, and to export them;

Amendment 505 #

Proposal for a regulation
Article 6 – paragraph 4 – point a

(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;

Amendment 506 #

(a) a prohibition to place or make the products or services concerned available on the Union market and to export them;

Amendment 507 #

Proposal for a regulation
Article 6 – paragraph 4 – point b

(b) an order for the economic operators that have been subject to the investigation to employ reasonable and proportionate efforts to withdraw from the Union market the relevant products that have already been placed or made available on the market, taking into account the size and economic resources concerned, in particular, whether the operator is an SME;

Amendment 508 #

Proposal for a regulation
Article 6 – paragraph 4 – point b

(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;

Amendment 509 #

Proposal for a regulation
Article 6 – paragraph 4 – point b

(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or services that have already been placed or made available on the market;

Amendment 510 #

Proposal for a regulation
Article 6 – paragraph 4 – point b

(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products that have already been stored or placed or made available on the market;

Amendment 511 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to either donate the respective products to charitable causes or dispose of the respective products in line with the waste hierarchy in accordance with national law consistent with Union law.

Amendment 512 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.

Amendment 513 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.

Amendment 514 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to ~~dispose of the respective products in accordance with national law consistent with Union law.~~:

Amendment 515 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 4 – point c

Amendment 516 #

Proposal for a regulation
Article 6 – paragraph 4 – point c

(c) an order for the economic operators that have been subject to the investigation to donate, recycle or dispose of the respective products in accordance with ~~national law consistent with Union law~~Article 20.

Amendment 517 #

Proposal for a regulation
Article 6 – paragraph 4 – point c – point i (new)

i) donate the products concerned to charitable organisations or organisations that benefit public interest;

Amendment 518 #

Proposal for a regulation
Article 6 – paragraph 4 – point c – point i (new)

(i) recycle the products concerned;

Amendment 519 #

Proposal for a regulation
Article 6 – paragraph 4 – point c – point ii (new)

(ii) where donation is not possible, recycle the products concerned;

Amendment 520 #

Proposal for a regulation
Article 6 – paragraph 4 – point c – point iii (new)

(iii) where points (i) and (ii) are not possible, dispose of the respective products in accordance with national law consistent with Union law.

Amendment 521 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(ca) measures that economic operator must implement as to effectively address root causes of forced labour present on its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product.

Amendment 522 #

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(ca) a requirement to take into account the specific nature of food products when they are disposed of in order to prevent food waste and losses.

Amendment 523 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 4 – point c a (new)

(ca) other appropriate remedial measure.

Amendment 524 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. Without prejudice to paragraph 4 (a), (b) and (c), competent authorities shall be empowered to issue an order for the economic operators to provide evidence of remediation measures in accordance with Article 2, according to their individual responsibilities referred to in Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities and must involve meaningful consultation of affected workers and stakeholders. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders.

Amendment 525 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. When deciding on a measure in accordance with Article 4(4), the competent authority shall consider factors such as the mitigating measures put in place by the economic operator, absence of other safety concerns related to the product, the impact on the EU resilience, the complexity of the supply chain, the existence of alternative products, the costs, environmental and socio-economic impact of the measure.

Amendment 526 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. an order for the economic operator to provide remediation to affected workers according to their individual responsibilities as identified under Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities, upon meaningful consultation, when possible, of affected workers and stakeholders.

Amendment 527 #

Proposal for a regulation
Article 6 – paragraph 4 b (new)

4b. where applicable, an order for the economic operators to reform unfair purchasing practices.

Amendment 528 #

Proposal for a regulation
Article 6 – paragraph 5 – introductory part

5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorities shall ensure ~~all~~one of the following:

Amendment 529 #

5. Where an economic operator has failed to comply with the decision referred to in paragraph 4, the competent authorit~~ies~~y shall ensure all of the following:

Amendment 530 #

Proposal for a regulation
Article 6 – paragraph 5 – point a

(a) that it is prohibited to place or make available the products or services concerned on the market;

Amendment 531 #

Proposal for a regulation
Article 6 – paragraph 5 – point b

(b) that the products or services already placed or made available on the market are withdrawn from the Union market;

Amendment 532 #

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is ~~disposed of in accordance with national law consistent with Union law at the expense of the economic operator.~~:

Amendment 533 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.

Amendment 534 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned ~~is disposed of~~either be donated to charitable causes or be disposed of in line with the waste hierarchy in accordance with national law consistent with Union law ~~at the expense of the economic operator~~.

Amendment 535 #

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is donated, recycled or disposed of in accordance with ~~national law consistent with Union law at the expense of the economic operator~~Article 20.

Amendment 536 #

Proposal for a regulation
Article 6 – paragraph 5 – point c

(c) that any product remaining with the economic operator concerned is recycled or disposed of in accordance with national law consistent with Union law at the expense of the economic operator.

Amendment 537 #

Proposal for a regulation
Article 6 – paragraph 5 – point c – point i (new)

(i) donated to charitable organisations or organisations that benefit public interest;

Amendment 538 #

Proposal for a regulation
Article 6 – paragraph 5 – point c – point ii (new)

(ii) where donation is not possible, recycled

Amendment 539 #

Proposal for a regulation
Article 6 – paragraph 5 – point c – point iii (new)

(iii) where points (i) and (ii) are not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.

Amendment 540 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 6 – paragraph 5 – point c a (new)

(ca) that the specific nature of food products will be taken into account when they are disposed of in order to prevent food waste and losses.

Amendment 541 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where the Commission or competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that effective processes have been put in place to prevent harm from occurring again in the future and in cases of not state-imposed forced labour that they have provided remediation in accordance with paragraph 4 new, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 542 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where competent authorities establish that economic operators have provided evidence ~~to the competent authorities~~ that they have complied with the decision referred to in paragraph 4, and that they have ~~eliminated~~adopted appropriate measures to address the risk of forced labour ~~from~~in their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall ~~withdraw their decision for the future~~lift the market prohibition immediately and inform the economic operators of this decision.

Amendment 543 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where competent authorities establish that economic operators have provided evidence ~~to the competent authorities~~ that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain and remediated forced labour cases with respect to the products concerned, and that sustainable and effective processes have been put in place to prevent harm from continuing or occurring again in the future, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 544 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they provide proof of effective remediation for workers who were victims of forced labour and have eliminated forced labour from their operations or supply chain with respect to the products concerned by addressing the root causes of forced labour found in their supply chain, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 545 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Sandro GOZI

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.

Amendment 546 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where competent authorities establish that economic operators have provided evidence ~~to the competent authorities~~ that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain and remediated forced labour cases with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 547 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have actively pursued measures to eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 548 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or ~~supply~~value chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators.

Amendment 549 #

Proposal for a regulation
Article 6 – paragraph 6

6. Where economic operators provide evidence to the competent authorit~~ies~~y that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorit~~ies~~y shall withdraw their decision for the future and inform the economic operators.

Amendment 550 #

Bernd LANGE, Sirpa PIETIKÄINEN, Margarida MARQUES, Kathleen VAN BREMPT, Helmut SCHOLZ, Joachim SCHUSTER, Anna CAVAZZINI, Heidi HAUTALA, Yannick JADOT

Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)

Economic operators shall avoid simply disengaging from their operators in order to eliminate forced labour from their supply chains. In case efforts to prevent, minimise and remedy the situation fail, then the economic operator shall consider disengaging in a responsible way. Before potentially reaching a decision to disengage, economic operators shall engage meaningfully with stakeholders that would be impacted by such a decision. Responsible disengagement entails, as a minimum, complying with collective agreements and articulating escalation measures. Economic operators shall act in accordance with the July 2021 Commission and EEAS guidance on combatting forced labour in supply chains.

Amendment 551 #

Proposal for a regulation
Article 6 – paragraph 6 a (new)

6a. Article 6 a (new) Remediation 1. Evidence of remediation measures shall include evidence of the following: a. financial and non-financial compensation, including payment of all due wages and compensation for moral and material damages based on the duration and extent of the forced labour, and any harms suffered; b. restitution for the victims, to restore their position before the forced labour took place, including relevant arrangements for restoring, renewing and/or obtaining relevant documents such as visas and work permits, and returning their passport and any other personal documents; c. rehabilitation (for example, provision of treatment or counselling); d. effective preventative measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies. e. other remediation measures as agreed upon by affected workers and stakeholders and the economic operators Evidence that remediation measures have been correctly implemented shall be obtained in consultation of the affected workers and stakeholders and their representatives.

Amendment 552 #

Proposal for a regulation
Article 6 – paragraph 6 a (new)

6a. Competent authorities shall ensure that a reasonable period is granted to economic operators to comply with their obligations under this Article.

Amendment 553 #

Proposal for a regulation
Article 7 – paragraph 1 – point a

(a) the findings of the investigation and the ~~information underpinning the findings;~~evidence that justifies the decision.

Amendment 554 #

Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)

(aa) measures that economic operator must implement as to effectively address root causes of forced labour present in its value chain. This shall include engagement with their suppliers throughout the value chain and identify and address root causes leading to use of forced labour in the investigated product;

Amendment 555 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 556 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than ~~necessary~~90 days to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall take into account, where relevant, the economic operator’s ~~size and economic resources~~due diligence activities and the likelihood that those will bring forced labour to an end within a reasonable period of time;

Amendment 557 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 360 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and economic resources, in particular, whether the operator is an SME;

Amendment 558 #

Proposal for a regulation
Article 7 – paragraph 1 – point b

Amendment 559 #

Amendment 560 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers, taking into account the specific nature of food products;

Amendment 561 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 7 – paragraph 1 – point c

Amendment 562 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

Amendment 563 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) all relevant information and in particular the details allowing the identification of the product and production site, to which the decision applies, including details about the manufacturer ~~or producer~~, producer, production site, and the product suppliers;

Amendment 564 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer ~~or producer~~, the producer, the production site and the product suppliers;

Amendment 565 #

Proposal for a regulation
Article 7 – paragraph 1 – point c

(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer ~~or producer~~, producer, production site, and the product suppliers;

Amendment 566 #

Proposal for a regulation
Article 7 – paragraph 1 – point d

(d) ~~where available and applicable,~~ information required under customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013.

Amendment 567 #

Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)

(da) all information allowing the economic operators to request a review of the decision in accordance with Article 8(5).

Amendment 568 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Article 7 – paragraph 2

2. The Commission shall adopt ~~implementing~~delegated acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). ~~Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.~~

Amendment 569 #

Proposal for a regulation
Article 7 – paragraph 2

2. The Commission shall adopt ~~implementing~~delegated acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). ~~Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.~~

Amendment 570 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 8 – paragraph 1

1. CThe Commission and competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.

Amendment 571 #

Proposal for a regulation
Article 8 – paragraph 1

1. CThe competent authorit~~ies~~y shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products or services are placed or made available on the market or to be exported in compliance with Article 3.

Amendment 572 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.

Amendment 573 #

Proposal for a regulation
Article 8 – paragraph 2

2. A request for a review of a decision adopted pursuant Article 6(4) shall contain substantial new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

Amendment 574 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 8 – paragraph 2

2. A request for a review of a decision adopted pursuant Article 6(4) ~~shall~~may contain new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.

Amendment 575 #

3. AThe Commission or a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

Amendment 576 #

Proposal for a regulation
Article 8 – paragraph 3

3. A competent authority shall take a decision on the request for review within 150 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.

Amendment 577 #

Svenja HAHN, Dita CHARANZOVÁ, Morten LØKKEGAARD, Andrus ANSIP, Marco ZULLO, Catharina RINZEMA, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 4

4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and the economic operator shall be removed from the database .

Amendment 578 #

Alessandra BASSO, Isabella TOVAGLIERI, Markus BUCHHEIT, Marco CAMPOMENOSI, Antonio Maria RINALDI, Jean-Lin LACAPELLE, Virginie JORON

Proposal for a regulation
Article 8 – paragraph 4

4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products or services have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4).

Amendment 579 #

Proposal for a regulation
Article 8 – paragraph 5

5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.

Amendment 580 #

Proposal for a regulation
Article 8 – paragraph 5

Amendment 581 #

Proposal for a regulation
Article 8 – paragraph 5

5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to an interim legal protection and to regular judicial proceedings before a court to review the procedural and substantive legality of the decision. The right to be heard of the economic operator shall be respected at any point of the process.

Amendment 582 #

Proposal for a regulation
Article 8 – paragraph 5

5. Economic operators that have been affected by a decision of athe competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision.

Amendment 583 #

Anna CAVAZZINI, Yannick JADOT, Saskia BRICMONT, Reinhard BÜTIKOFER, Malte GALLÉE, Markéta GREGOROVÁ, Francisco GUERREIRO, Heidi HAUTALA, Katrin LANGENSIEPEN

Proposal for a regulation
Article 8 – paragraph 7

7. Decisions adopted by the competent authorit~~ies~~y pursuant to Article 6 and to this Article are without prejudice to any decisions of a judicial nature taken by national courts or tribunals of the Member States with respect to the same economic operators or, products or services.

Amendment 584 #

Proposal for a regulation
Article 8 – paragraph 7 a (new)

7a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.

Amendment 585 #

Proposal for a regulation
Article 8 – paragraph 7 a (new)

7a. Economic operators shall have a right to compensation for damages in line with Union and applicable national law that were caused by a wrongful decision of public authorities.

Amendment 586 #

Proposal for a regulation
Article 8 a (new)

Article8 Establishment of a presumption of forced labour 1. The Commission is empowered to adopt a decision, by means of an implementing act pursuant to Article 29, identifying specific products produced in specific areas, or by specific entities, that are presumed to be in violation of Article 3 due to the existence of forced labour imposed by state authorities. The Commission shall do so where it considers that the high level of risk, the systemic scale of the violations and the number of products involved make it necessary in order to reduce the burden on the competent authorities and to enforce the prohibition laid down in Article 3 effectively. 2. The decision referred to in paragraph 1 shall be adopted after examination of the evidence contained in the database referred to in Article 11.

source: 749.277

2023/06/22 DEVE 22 amendments...

Amendment 1 #

Proposal for a regulation
Recital 2

(2) The use of forced labour is widespread in the world, and its prevalence has risen in the last years. It is estimated that about 27.6 million people were in forced labour in 2021, including 3.9 million people in forced labour imposed by state authorities.18 Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.

Amendment 10 #

Proposal for a regulation
Recital 45

(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition~~. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations~~ and increase efforts to tackle root causes of forced labour. The EU should continue close collaboration with international organisations in the form of joint projects, technical assistance and funding of initiatives targeting forced labour. The Commission should as appropriately cooperate with and exchange information with authorities of third countries, especially authorities of developing countries, and international organisations, as well as with other relevant actors including civil society, to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, especially with developing countries, or, if necessary, specific ones that will be created on an ad hoc basis. Team Europe, and particularly the EU delegations, shall have a central role within the aim of effectively eradicating forced labour as well as for dissemination of the Regulation and possibility of third parties to provide information on existence of forced labour on a determined product. The EU may also expand, where appropriate, the use of restrictive measures in the framework of its Common Foreign and Security Policy against persons or entities that have been involved in the promotion or implementation of forced labour.

Amendment 11 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour, including state-imposed forced labour, and (thereby) ensuring that economic operators eradicate the use of forced labour in the production sites in their value chain by implementing effective due diligence measures, including remediation.

Amendment 12 #

Proposal for a regulation
Article 2 – paragraph 1 – points c, c a, f, g, g a, k, m a, m b, n, u a, u b

(c) ‘due diligence in relation to forced labour’ means the ~~effort~~obligations by economic operator to ~~implement mandatory requirements,~~respect and ensure the respect of workers’ rights and children’s rights in their operations and products value chain and implement mandatory due diligence requirements as provided by the Union and Member States legislation and in line with the UN Guiding Principles on Business and Human rights, mandatory and voluntary guidelines, recommendations or practices to identify, prevent, mitigate or, remediate and bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported; (c a) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour that supplies the economic operator that places or makes the product available in the EU market. It shall not mean disengagement as first resort; (f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, stored or transported, including working or processing related to a product at any stage of its ~~supply~~value chain; (g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or, manufacture, storage or transport, including working or processing related to a product at any stage of its ~~supply chain~~value chain; (g a) ‘value chain’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable; (k) ‘product supplier’ means any natural or legal person or association of persons in the ~~supply~~value chain who extracts, harvests, produces or, manufactures, stores or transports a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances; (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that productvalue chain, whether as manufacturer or in any other circumstances; (m a) ‘stakeholders’ means: (i) the economic operator’s employees, the employees of its subsidiaries and value chains’ workers, including smallholders and informal workers’ and other individuals, groups, communities or entities, civil society organisations, as well as trade unions and other workers’ representatives, whose rights or interests are or could be affected by the use of forced labour by the economic operator, its subsidiaries and its business relationships, including through the value chain; (ii) other natural or legal persons engaging, promoting, representing, protecting and defending, as part of their statutory purpose or otherwise, issues related to this Regulation; (m b) ‘vulnerable stakeholders’ shall have the meaning attributed to it in Article 3 of the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council to the extent applicable; (m c) ‘meaningful engagement with stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations including trade unions and NGOs and local communities, with particular attention to vulnerable stakeholders; (n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that forced labour is likely to have been used in the production or transport of products; (u a) ‘forced labour risks areas’ means those countries or regions where ~~likely made with forced labour;~~there is evidence of wide-spread and/or systemic forced labour, including state-imposed forced labour, in an entire product group or product site in a specific industry; (u b) ‘forced labour risks products’ means those products coming from the forced labour risks areas, as well as products linked to high risks sectors of economic activity identified by the Directive 20XX/XX/EU on Corporate Sustainability Due Diligence of the European Parliament and of the Council and included in the database of Article 11.

Amendment 13 #

Proposal for a regulation
Article 4

Preliminary phase of investigations Preliminary phase of investigations 1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be done with reference to the indicators of forced labour set out by the International Labour Organization which shall be detailed by the Commission in accordance with Article 23 and shall be based on all relevant information available to them, including the following information: (a) ~~submissions made by natural or legal persons or any association not having legal personality~~complaints made by stakeholers pursuant to Article 10; (b) the risk indicators and other information pursuant to Article 23, points (b) and (c); (c) the databases referred to in Articles 11 and 11 a; (d) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (e) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. 2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur ~~and take into account the size and economic resources of the economic operators~~, the quantity of products concerned, as well as the scale of suspected forced labour. 3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or, remediate, protect and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following: (a) applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour; (b) the guidelines issued by the Commission pursuant to Article 23, point (a); (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; (d) any other due diligence requirements in relation to forced labour. 4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article. 5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4. 6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its ~~supply~~value chain, adopts and carries out measures suitable and effective for remediating and bringing to an end forced labour and provide remediation in a short period of time. The competent authority shall declare that there is a substantiated concern of violation of Article 3 when the economic operator does not demonstrate that forced labour was eradicated and remediation provided once this period of time has expired. 7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour and provides remediation.

Amendment 14 #

Proposal for a regulation
Article 5

Investigations Investigations 1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation of Article 3, shall decide to initiate an investigation on the products and economic operators concerned. 2. Competent authorities that initiate an investigation pursuant to paragraph 1 shall inform the economic operators subject to the investigation, within 3 working days from the date of the decision to initiate such investigation about the following: (a) the initiation of the investigation and the possible consequences thereof; (b) the products subject to the investigation; (c) the reasons for the initiation of the investigation, unless it would jeopardise the outcome of the investigation; (d) the possibility for the economic operators to submit any other document or information to the competent authority, and the date by which such information has to be submitted. 3. Where requested to do so by competent authorities, economic operators under investigation shall submit to those competent authorities any ~~information~~complete and substantive evidence that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible: (a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and (b) take into account the size and ~~economic~~ resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour. 4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned. the scale of suspected forced labour, as well as the context in which those economic operators, their subsidiaries and their business partners operate, in particular in developing countries. 4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit. 4 a. In the case of the products presumed made with forced labour in accordance with Article 11, the competent authority shall inform the economic operator and provide a time limit for the economic operator to demonstrate that the products concerned are free of forced labour and that appropriate due diligence measures, including remediation, have been effectively implemented. 5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and resources of the economic operators concerned. 5 a. During the investigation phase, the competent authority shall take necessary precautionary measures, including a temporary suspension of the circulation on the Union market of the products concerned to ensure the effectiveness of its final decision. 5 b. Once the competent authority initiates an investigation it shall assess the possible impacts of any decision to be adopted pursuant Article 6(4) on the affected workers and partner countries but also the economic operators taking into account their size and resources. That assessment shall be carried out with the meaningful engagement of relevant stakeholders, as well as in consultation with authorities of the affected or potentially affected third countries, and in particular developing countries. 5 c. Competent authorities may conclude that there is substantiated concern on the basis of any other facts available where it was not possible to gather information and evidence pursuant to Article 4(1) or (4). 6. Competent authorities may carry out all necessary checks and inspections including investigations in third countries, ~~provided that~~without prior warning to the economic operators concerned ~~give their consent an~~, except where prior notification is necessary in order to ensure the effectiveness of the checks and inspections, and provided that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection within a delimited timeframe.

Amendment 15 #

Proposal for a regulation
Article 6 – paragraphs 4 a (new), 6 and 6 a (new)

4 a. Taking into account the outcome of the impact assessment referred to Article 5(5b), as well as other information gathered during the investigation, the competent authority shall be empowered to adopt a decision requesting the economic operator to urgently adopt and implement effective due diligence measures to prevent, mitigate, remediate and bring to an end forced labour in their product value chain. 6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4,s 4 and 4 a and that they have eliminated forced labour from their operations or ~~supply~~value chain with respect to the products concerned, and provided the proof of effective remediation for victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators. 6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).

Amendment 16 #

Proposal for a regulation
Article 7

Content of the decision Content of the decision 1. The decision referred to in Article 6(4) shall contain all of the following: (a) the findings of the investigation and the information underpinning the findings, including the due diligence measures that the economic operator must implement and the potential impacts of competent authority decisions; (b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary to withdraw the respective products. When setting such a time limit, the competent authority shall take into account the economic operator’s size and ~~economic resource~~resources. Reasonable time limit shall be set up for the operator to effectively implement the due diligence measures foreseen in Article 6(4a), including the provision of remediation to affected workers; (c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers; (d) where available and applicable, information required under customs legislation as defined in Article 5(2) of Regulation (EU) No 952/2013. 2. The Commission shall adopt implementing acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.

Amendment 17 #

Proposal for a regulation
Article 10

~~Submission of information regarding 1. Submissions of information by any natural or legal pers~~Complaint procedure regarding violations violations of Article 3 of Article 3 -1. The Commission shall establish a centralised mechanism to receive complaints by any stakeholder on alleged violations o~~r any association not having legal personality, to competent authorities on alleged violations of Article 3~~f Article 3. Complaints may be lodged anonymously. The complaint mechanism should be secure and accessible, and ensure that the identity of the complainant is not disclosed without explicit consent. 1. Complaints shall contain information on the economic operators ~~or product~~, products, production sites and high-risk areas concerned and provide the reasons substantiating the allegation. 1 a. The Commission shall determine the rules and procedures to assign complaints to the competent authorities, taking into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. 2. The competent authority shall, as soon as possible, inform the ~~person or association~~complainant referred to in paragraph 1 of the outcome of the reasoning and the assessment of their ~~submission~~complaint, as well as all the decisions referred to in Article 9. 3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of ~~person~~stakeholders reporting such breaches. __________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17..

Amendment 18 #

Proposal for a regulation
Article 11

~~Database of f~~Forced labour risk areas or products products 1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable, evidence-based and regularly updated database of forced labour risks in specific geographic areas, or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, civil society organisations, international organisations and third country authorities. 2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 24 months after the entry into force of this Regulation. This database shall be transparent and easily accessible to all. 3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3.

Amendment 19 #

Proposal for a regulation
Article 11 a (new)

Article 11 a Disclosure of value chains 1. The economic operators should map their value chains and publicly disclose relevant information including names, locations and types of products concerning their subsidiaries, suppliers, contractors and business partners in the value chain. 2. The Commission shall set up a public database containing the relevant information foreseen in paragraph 1 with due regard for commercial confidentiality, privacy, and competition law in order to facilitate the accessibility and transparency of the information for competent authorities and stakeholders to implement this Regulation. 3. Economic operators will feed their relevant information into the system and ensure that such information is up to date.

Amendment 2 #

Proposal for a regulation
Recitals 2 a, 2 b, 2 c, 2 d (new)

(2 a) It is estimated that about 11.8 million women and girls were in forced labour in 2021, which represents almost 43% of the total.1a 4.9 million of them were in sexual exploitation. Women are more likely to be coerced through wage non-payment and abuse of vulnerability. It is therefore fundamental to ensure that this Regulation is implemented in a gender-responsive manner. Human rights violations are not gender neutral and should not be treated as such. Women are often disproportionately affected by forced labour, which requires a specific response to their needs. Competent authorities should apply a gender lens throughout all of the steps of the Regulation prohibiting products made with forced labour on the Union market, collect gender- disaggregated data and encourage economic operators to provide the requested information in a gender- sensitive way. (2 b) The ILO forced labour instruments, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and the Global Compact for Migration, together make clear that trafficking in persons for the purpose of forced labour cannot be eliminated through criminal law enforcement alone. Rather, a broad multidisciplinary approach is needed that is grounded in adherence to human rights, encompassing the need for effective gender- and age-responsive measures. Such measures, along with criminal justice responses, must focus on preventing and addressing the root causes of forced labour and on ensuring protection and remedies for the people already affected by it. (2 c) In 2021, more than 3.3 million of children are in forced labour, which represents almost 12% of all those in forced labour.2a Taking into account that forced child labour is one of the components of child labour, the Union, through this Regulation and in its relations with the wider world, should uphold and promote its values, which are in accordance with the international instruments ratified, the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights, and enshrined in its core treaties, namely, TEU, TFEU and the EU Charter of Fundamental Rights of the European Union, all of which protect the rights of the child. The 2021-2024 EU Strategy on Child Rights, the Council-led European Child Guarantee initiative and the UN Sustainable Development Goal 8.7 of eradicating child labour by 2025 and forced labour by 2030 are also proof of commitment. Children, like women, are disproportionately affected by forced labour. Therefore, it is fundamental for competent authorities to ensure particular attention to the specific cases and needs of the children, like for women, in forced labour, throughout all the steps of this Regulation. Moreover, any guidelines formed by the Commission regarding the centralised complaint mechanism must be able to reach children as well. (2 d) Forced labour can be found in a large number of sectors, some of them, such as textiles, services, manufacturing, construction, agriculture, and domestic work, and to a smaller extent, mining and fishers aboard fishing vessels, are particularly affected. The textile, clothing, leather and footwear sector (TCLF) is one of the largest sectors in the global economy and is characterised by poor working conditions and workers’ rights violations, with the majority of workers being women and children. __________________ 1a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf. 2a The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.

Amendment 20 #

Proposal for a regulation
Article 23

Guidelines Guidelines The Commission shall issue guidelines no later than 186 months after the entry into force of this Regulation, which shall include the following: (a) guidance on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators~~; (b) information on risk indicators of forced labour, which shall be based~~. More specifically, the guidelines shall refer to remediation measures with a gender-responsive and child-friendly approach, including financial and non- financial compensation, restitution, rehabilitation, effective preventive measures, such as injunctions and guarantees of non-recurrence of forced labour and apologies. In all cases, remediation must be adapted to the specific context and condition of the rightsholder. The guidelines shall also incorporate measures to cover the states' obligation to protect, to provide immediate assistance and rehabilitation and aim to contribute to the access to long-term sustainable solutions; (b) information on risk indicators of forced labour, which shall be based on the indicators for forced labour set out by the ILO including in its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour; (c) a list of publicly available and accessible information sources of relevance for the implementation of this Regulation; (d) further information to facilitate the competent authorities’ implementation of this Regulation; (e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation; (e a) guidelines to assist economic operators in the setting up of a value chain mapping process and for the identification of victims and risks, including references to specific high-risk sectors and areas; (e b) guidance for the stakeholders to file a complaint and facilitate access to justice, remedy and protection, as well as participate and meaningfully engage in the procedures set out in the Regulation.

Amendment 21 #

Proposal for a regulation
Article 24

Union Network Against Forced Labour Products Products 1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. 2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission, including EU delegations, and, where appropriate, experts from the customs authorities. 3. The Network shall have the following tasks: (a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices; (b) conduct joint investigation, as well as the European Agency for Fundamental Rights, the European Labour Authority and other Union agencies with relevant expertise in the areas covered by the Regulation. Trade unions and other workers’ representatives, civil society organisations, human rights defenders, international organisations, and third countries’ competent authorities shall be invited to collaborate with the Network. 3. The Network shall have the following tasks: (a) facilitate the identification of common priorities for enforcement activities, including in third countries and especially in developing countries, to exchange information, expertise and best practices ensuring a gender-responsive and child-friendly approach; (b) conduct joint investigations, including in third countries, and reinforce national and transnational referral mechanisms; (c) facilitate capacity building activities and contribute to uniform risk- based approaches and administrative practices for the implementation of this Regulation in the Member States and third countries; (d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation; (e) promote and facilitate collaboration to explore possibilities for using new technologies for the enforcement of this Regulation and the traceability of products; (f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; and, where appropriate, with third countries’ competent authorities, especially developing countries’ authorities, as well as trade unions, civil society organisations, human rights defenders and international organisations; (f a) manage the centralised complaint system. 4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network. 5. The Network shall establish its rules of procedure.

Amendment 22 #

Proposal for a regulation
Article 26

1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission ~~may as appropriate~~shall cooperate, engage and exchange information with, amongst others, authorities of third countries, ~~international organisation~~especially of developing countries, international organisations, trade unions and other workers’ representatives, civil society representatives and business organisations and any other stakeholder. International cooperation with authorities of third countries, especially developing countries, shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis~~. 2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil so~~ and through the Network foreseen in Article 24. 1a. The Commission, in particular in developing countries and in accordance with Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, shall provide measures to contribute to the effective implementation of this Regulation, including financial support for capaciety ~~representatives, business organisations and competent authorities of third countries may result in~~building in partner countries in order to address the root causes of forced labour, which results e.g. from, among others, discrimination, unfair purchasing practises, the absence of living wage and land rights. The Commission shall provide financial and political support to civil society organisations, human rights defenders and rightsholders, and raise awareness and support access to protection, justice and remedy for victims, among others. 2. For the purposes of paragraph 1, the Union shall develop~~ing~~ accompanying measures, including to support the efforts of ~~companies and partner countries efforts and locally available capacities in tackling forced labour~~the economic operator and its business partners in the value chain, in particular the small and medium-sized enterprises (SMEs). 2 a. The Union and its Member States shall support third countries, in particular developing countries, by promoting the ratification and the effective implementation of fundamental ILO’s conventions and standards related to the prohibition of forced labour and by taking measures to enable partner countries to effectively prevent, minimise, remediate and eradicate on forced labour. 2 b. Member States and the Commission shall provide information and effective support to relevant stakeholders to comply with and exercise the rights provided to them, in particular the right to file a complaint, as well as to monitor the implementation of the Regulation.

Amendment 3 #

Proposal for a regulation
Recital 3

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Furthermore, in its relations with the wider world, the Union should uphold and promote its values and contribute to the protection of human rights, in particular the rights of the child, as well as the strict observance and the development of international law in accordance with Article 3(5) of the Treaty on European Union. The respect, promotion and protection of human rights constitute an objective of the development cooperation which shall be taken into account in the policies that the Union implements which are likely to affect developing countries in accordance with Article 208 of the Treaty on the Functioning of the European Union. This Regulation aims to ban from the EU market products that have been produced, extracted, harvested, manufactured, stored or transported using forced labour and contribute to eradicate forced labour by addressing its root causes. Through this Regulation, the Union should strengthen political dialogue with third countries, especially with developing countries, with regards to forced labour. Moreover, Article 5(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 Article 5 of the Charter also explicitly prohibits slavery, servitude, forced or compulsory labour and human trafficking. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.

Amendment 4 #

Proposal for a regulation
Recital 5

(5) Through its policies ~~and~~, legislative initiatives ~~the Union seeks to eradicate the use of forced labour~~and financial instruments, in particular the NDICI-Global Europe, the Union seeks to eradicate the use of forced labour, address its root causes, support civil society on this regard and promote decent work and labour rights, while policy coherence for development and cooperation at all levels remains an indispensable principle to put those policies into practice. To these effects, corporate sustainability due diligence, along with the adoption of accompanying measures, represents important tools. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.

Amendment 5 #

Proposal for a regulation
Recitals 12, 12 a (new), 12 b (new)

(12) As recognised in the Commission’s Communication on decent work worldwide29, notwithstanding the current policies and legislative framework, further action is needed to achieve the objectives of eliminating forced-labour products from the Union market and, hence, further contributing to the fight against forced labour worldwide. The eradication of forced labour can only be achieved if other objectives of decent work, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection, are promoted. Through the EU decent work agenda, the EU commits to address forced labour and to promote decent work and labour rights including in global supply chains. (12 a) Promoting decent work and a human-centred future of work ensuring the respect of fundamental principles and human rights, promoting social dialogue as well as the ratification and effective implementation of relevant ILO conventions and protocols, strengthening responsible management in global supply chains and access to social protection are core priorities of the EU as enshrined in the EU Action Plan on Human Rights and Democracy 2020-2024. (12 b) Businesses can also contribute to addressing some of the more structural root causes of forced labour linked to their business operations and value chains, by taking, for example, measures to advance the fair recruitment and the decent work agenda of all workers and vulnerable stakeholders, as a way to contribute to the eradication of unfair trading practices. __________________ 29 Communication 23 March 2022 from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery (COM(2022) 66 final).

Amendment 6 #

Proposal for a regulation
Recital 18

(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and ~~economic~~ resources of economic operators and refer to remediation measures. In addition, the Commission should issue guidelines on forced-labour risk indicators ~~and~~, taking into account the ILO forced labour indicators, including its ‘Hard to see, harder to count – Survey guidelines to estimate forced labour of adults and children’, on publicly available information and on value chain mapping in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The Commission should also issue guidelines for stakeholders on filing a complaint and meaningfully engage in the procedures set out in the Regulation.

Amendment 7 #

Proposal for a regulation
Recital 20

Amendment 8 #

Proposal for a regulation
Recital 32

(32) ~~Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities when it~~The Commission should establish a centralised mechanism to receive complaints by any stakeholders who considers that products made with forced labour are placed and made available on the Union market ~~and to~~. Complaints may be lodged anonymously and confidentiality shall be automatic, unless otherwise specified by the complainant. The complaint mechanism should be secure and accessible. The stakeholders should be informed of the reasoning and outcome of the assessment of their ~~submission~~complaints, as well as all the decisions made by competent authorities, referring to their complaints.

Amendment 9 #